Townsend v. State
| Docket Number: | 2010-KA-01190-COA Linked Case(s): 2010-KA-01190-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-17-2012 Opinion Author: Irving, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Arson - Sufficiency of evidence - Admission of statement - Exclusion of testimony Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-11-2010 Appealed from: Scott County Circuit Court Judge: Marcus D. Gordon Disposition: CONVICTED OF FIRST-DEGREE ARSON AND SENTENCED TO SIX YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH THREE YEARS TO SERVE, THREE YEARS SUSPENDED, AND FIVE YEARS OF POST-RELEASE SUPERVISION District Attorney: Mark Sheldon Duncan Case Number: 10-CR-060-SC-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Wade Lee Townsend |
EDMUND J. PHILLIPS JR.
P. SHAWN HARRIS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Arson - Sufficiency of evidence - Admission of statement - Exclusion of testimony |
| Summary of the Facts: | Wade Townsend was convicted of first-degree arson. He was sentenced to six years, with three years to serve, three years suspended, and five years of post-release supervision. Townsend appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Townsend argues that the State failed to prove malice. Viewing the evidence in the light most favorable to the State, the State presented sufficient evidence of malice. The State presented Townsend’s written statement to the police in which he admitted that he had used a Bic lighter to set fire to the house. In his statement to Captain Anderson, Townsend said that he had set fire to the house with a lighter because he had gotten angry. Additionally, both Captain Anderson and Chief Tillman testified that they were unable to find an alternative cause for the fire. Furthermore, the origin of the fire was at the exact spot where Townsend said he had held the lighter to the house. Issue 2: Admission of statement Townsend argues that the circuit court erred in admitting his written police statement into evidence. Townsend testified that the statement was the product of coercion and, thus, involuntary. The State meets its burden of proving that a confession is voluntary by presenting the testimony of an officer, or other person having knowledge of the facts, that the confession was voluntarily made without any threats, coercion, or offer of reward. Townsend’s signed Miranda waiver and signed statement were admitted into evidence. Additionally, Captain Anderson, the officer who read Townsend his Miranda rights and took his statement, testified that he did not threaten or promise a reward in exchange for Townsend’s statement. Townsend’s signed Miranda waiver, his signed written statement, and Captain Anderson’s testimony all support a finding that Townsend gave his written statement voluntarily. Issue 3: Exclusion of testimony Townsend argues that the circuit court erred in refusing to allow a witness to testify during the suppression hearing. Townsend failed to properly preserve this issue for appeal. When testimony is excluded at trial, a record must be made of the proffered testimony in order to preserve the point for appeal. Here, there was no proffer of the witness’s testimony. |
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