Rushing v. Mississippi
Annotate this CaseRodney Rushing was indicted by grand jury of unlawful possession of six dosage units of amphetamine. A jury found Rushing guilty of the charged offense, and the trial court sentenced Rushing to three years in the custody of the Mississippi Department of Corrections (MDOC), as a habitual offender pursuant to Mississippi Code Section 99-19-81 (Rev. 2015). Rushing thereafter filed a motion for a judgment notwithstanding the verdict (JNOV) or in the alternative, a motion for a new trial, which the trial court denied. He then filed a notice of appeal. On appeal, appellate counsel for Rushing filed a "Lindsey" brief, stating there were no arguable issues on appeal. Having reviewed the record, the Mississippi Supreme Court affirmed the trial court’s judgment of conviction and sentence.
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