Clayton v. State


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Docket Number: 2002-KA-01925-COA
Linked Case(s): 2002-CT-01925-SCT ; 2002-KA-01925-COA

Court of Appeals: Opinion Link
Opinion Date: 07-27-2004
Opinion Author: Irving, J.
Holding: Affirmed

Additional Case Information: Topic: Burglary of dwelling - Other crimes’ evidence - Jury instructions - Continuance - Admission of evidence
Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Lee, Myers, Chandler and Griffis, JJ.
Non Participating Judge(s): Barnes and Ishee, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 10-22-2002
Appealed from: Lauderdale County Circuit Court
Judge: Robert Bailey
Disposition: BURGLARY OF A DWELLING HOUSE - SENTENCED TO 18 YEARS IN THE CUSTODY OF THE MDOC.
District Attorney: Bilbo Mitchell
Case Number: 351-02

  Party Name: Attorney Name:  
Appellant: Milton Clayton




JAMES H. ARNOLD LAUREL G. WEIR



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY  

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Topic: Burglary of dwelling - Other crimes’ evidence - Jury instructions - Continuance - Admission of evidence

Summary of the Facts: Milton Clayton was convicted of burglary of a dwelling and was sentenced to eighteen years. He appeals.

Summary of Opinion Analysis: Issue 1: Other crimes’ evidence Clayton argues that the court erred in not granting him a mistrial after the State mentioned during voir dire other crimes allegedly committed by him. A thorough examination of the record reveals that Clayton failed to bring the matter to the court’s attention in a timely manner. He waited until after the conclusion of voir dire before objecting and moving for a mistrial. Therefore, this issue is procedurally barred. In addition, there was no prejudice which occurred. Clayton also argues that the State’s mention of other crimes during its opening statement requires reversal. While Clayton’s attorney asked to approach the bench, he did not specifically state his objection on the record. Therefore, Clayton did not properly preserve this allegation for appellate review. Issue 2: Jury instructions Clayton argues that the court erred in refusing eight jury instructions which he proposed. Considering together the instructions granted by the judge, the jury was adequately instructed on the relevant issues without having heard Clayton’s proposed instructions. Issue 3: Continuance Clayton argues that his new attorney should have been allowed a reasonable time to prepare for trial so that he could adequately represent him. Clayton filed a motion for continuance, but the record does not reflect a ruling on the motion by the judge, nor does it reflect that an order was entered. The failure of the movant to obtain a ruling constitutes a waiver. Issue 4: Admission of evidence Clayton argues that he court erred in denying his motion in limine to exclude a small kitchen knife that police found on him when he was arrested. A thorough examination of the record does not indicate an abuse of discretion of the trial judge in admitting the evidence.


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