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State v. Copeland

Court of Appeals of Missouri, Southern District, First Division

November 3, 2015

STATE OF MISSOURI, Respondent,
v.
MICKEY R. COPELAND, Appellant

          APPEAL FROM THE CIRCUIT COURT OF WAYNE COUNTY. Honorable Sidney T. Pearson, III, Judge.

         JEFFREY W. BATES, J. -- CONCURS. MARY W. SHEFFIELD, C.J. -- CONCURS.

          OPINION

Page 432

         DANIEL E. SCOTT, Judge.

          AFFIRMED

         Mickey Copeland appeals a conviction for manufacturing methamphetamine. He does not dispute the sufficiency of evidence which we describe only as needed to explain why we deny two claims of trial error and affirm the conviction.

         Background

         Investigators suspected Steven Taylor of operating a motel meth lab. Tipped that Taylor might be with Copeland at 207 Maple Street in Arcadia, officers went there and found Taylor and evidence of another meth lab (Taylor later went to prison).

         INPLEX research that evening revealed suspicious pseudoephedrine purchases by Copeland and his girlfriend, who had not been at 207 Maple Street when officers

Page 433

arrived but were said to reside there.[1] Charged with manufacturing meth, Copeland did not testify or call any witnesses at trial. Jurors found him guilty in 29 minutes.

         Claims on Appeal/Standard of Review

         Copeland claims the trial court abused its discretion in (1) denying a mistrial, and (2) admitting hearsay testimony. Judicial discretion is abused when the court's ruling is so illogical, unreasonable, and arbitrary that it " shocks the sense of justice and indicates a lack of careful deliberate consideration." State v. Smith, 996 S.W.2d 518, 523 (Mo.App. 1999).

         Mistrial ...


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