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Drug, sexual battery cases to get appellate review

Reported by: Mel Carlock
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Updated: 1/09 4:54 pm
JACKSON, Miss. (WTVA) -- The Mississippi Supreme Court has agreed to a review of a Lowndes County drug case and a sexual battery case from Itawamba County.

Charles Ferguson, 34, of Starkville was one of three men arrested after marijuana was found in a car at a safety checkpoint by the Mississippi Highway Patrol in February of 2010.

Ferguson was a back seat passenger in the car and was accused of throwing the drugs out of the car window.

He was convicted by a Lowndes County jury in 2012 of possession of a controlled substance and ordered to serve eight years in prison as a habitual offender and pay a $50,000 fine.

Ferguson appealed claiming the evident didn't support the conviction, the indictment was inappropriately amended, a request to delay trial was denied in error by the judge and he received ineffective counsel during the court proceedings.

The Mississippi Court of Appeals has denied his appeal in earlier decisions.

In Itawamba County, Timothy Gene Pryer appealed a courts ruling he waited to long to file an appeal of a decision denying his request to for court documents to which he was not entitled.

Pryer was convicted of sexual battery in October of 2005 and ordered to register as a sex offender.

He made a request for records with the Itawamba County Circuit Court clerk in June of 2011.

A judge denied the request in Febuary 1, 2012, but the appeals record says Pryer filed a notice of appeal on March 5, 2012, but the judge denied his appeal saying it was outside of a 30 day window to file such documents.

The Mississippi Court of Appeals sided with the lower court.

The Mississippi Supreme Court on Thursday agreed to review both cases.
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