Johnson v. State
| Docket Number: | 2003-KA-00541-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-11-2004 Opinion Author: Bridges, P.J. |
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| Additional Case Information: |
Topic: Burglary of occupied dwelling - Reopening of case Judge(s) Concurring: King, C.J., Southwick, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-30-2003 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: SENTENCED TO A MAXIMUM TERM OF TWENTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH TEN TO SERVE AND FIFTEEN SUSPENDED. District Attorney: Anthony J. Buckley Case Number: 2002-264-KR2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jeffrey Johnson |
MICHAEL DUANE MITCHELL |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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: | Burglary of occupied dwelling - Reopening of case |
| Summary of the Facts: | Jeffrey Johnson was convicted of burglary of an occupied dwelling and was sentenced to twenty-five years. He appeals. |
| Summary of Opinion Analysis: | Johnson argues that the court improperly admitted an exhibit into evidence after both the State and defense had rested. When a case is reopened for the reception of further evidence, it must be done in such a manner that the rights of all parties will be protected and ample opportunity afforded them for cross examination or rebuttal, and even for requesting additional instructions, if the matters introduced should reasonably require them. In this case, no wholly new substantive evidence was permitted after the close of arguments. The transcript the judge allowed had already been seen by the jurors and the tape from which it was made was properly introduced into evidence and available for the jurors to see. |
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