Scott v. State
| Docket Number: | 2003-KA-01012-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-13-2004 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Destruction of evidence Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, Myers, Chandler and Griffis, JJ. Concurs in Result Only: Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-09-2003 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: ARMED ROBBERY: SENTENCED TO SERVE A TERM OF THIRTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Mark Sheldon Duncan Case Number: 03-CR-030-LE-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Larry Darnell Scott |
EDMUND J. PHILLIPS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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: | Armed robbery - Destruction of evidence |
| Summary of the Facts: | Larry Scott was convicted of armed robbery and sentenced to thirty years. He appeals. |
| Summary of Opinion Analysis: | Scott argues that the court erred in denying his motion to suppress the identification of Scott by the convenience store operator. The photographic array was disassembled without police making a record of which pictures were in it, and Scott argues that the failure to preserve the photographs from which the store clerk identified Scott was a violation of the process due him. In reviewing the effect of the destruction of evidence, the court should consider whether an exculpatory value was apparent before the evidence was destroyed; whether the evidence was of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means; and whether the prosecution's destruction of the evidence was done in bad faith. There is nothing in this record to support that exculpatory potential existed in the array of photographs. There was no unfairness apparent in the array. There is no indication that bad faith existed. In addition, there is substantial other evidence positively showing Scott's guilt. |
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