Ray v. Mississippi

Notwithstanding Garrett Ray’s appointed appellate counsel filing a “Lindsey” brief, certifying she had thoroughly examined the record and found no arguable issues supporting Ray’s appeal, he filed a pro se brief, arguing crack cocaine found in a cigarette pack he tried to discard when approached by officers was unlawfully obtained. He also insisted the State violated his constitutional right to confront an informant who provided information to narcotics officers, leading to his drug arrest. The Mississippi Supreme Court disagreed with both of Ray’s assertions: (1) Ray abandoned the cocaine by throwing it out of his vehicle’s window, thus, the drugs were not seized in violation of the Fourth Amendment; and (2) the informant did not testify and was not an eyewitness to or a participant in Ray’s drug possession, nor were the informant’s statements used against Ray, so the State was not obligated to disclose his or her identity, and there was no Sixth Amendment Confrontation Clause violation. Accordingly, the Court affirmed Ray’s conviction. View "Ray v. Mississippi" on Justia Law