Warren v. State

2 Citing cases

  1. Warren v. State

    187 So. 3d 616 (Miss. 2016)   Cited 33 times
    Holding that "an indictment that tracks the language of the statute is generally sufficient to inform the accused of the nature and cause of the accusation"

    The Court assigned Warren's appeal to the Court of Appeals, which ruled that Warren's indictment was fatally defective because it failed to identify the controlled substance that Warren allegedly possessed. Warren v. State, 187 So.3d 631, 632–33, 2015 WL 326660, at *2 (Miss.Ct.App.2015). The Court of Appeals reversed and remanded for further proceedings.

  2. Graham v. State

    204 So. 3d 329 (Miss. Ct. App. 2016)   Cited 2 times

    According to Graham's argument, Count I is an entirely separate charge from Count II, and therefore, Count II's failure to specify the controlled substance that he was charged with conspiring to possess renders his indictment defective as to that charge.¶ 18. To support his argument that his indictment is defective, Graham cites this Court's recent opinion in Warren v. State, 187 So.3d 631, 2015 WL 326660 (Miss.Ct.App.2015). In Warren, the indictment charged the defendant with possession of a controlled substance in a correctional facility in violation of section 47–5–198. Warren, 187 So.3d at 631–32, 2015 WL 326660, at *1 (¶ 1). On appeal, Warren argued her indictment was defective for failure to identify the controlled substance she was alleged to have possessed.