Wash v. State
| Docket Number: | 2003-KA-00545-COA Linked Case(s): 2003-CT-00545-SCT ; 2003-KA-00545-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-23-2004 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Manslaughter - Rebuttal testimony - Weight of evidence - Excessive sentence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., 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: 02-05-2003 Appealed from: Jackson County Circuit Court Judge: Robert P. Krebs Disposition: MANSLAUGHTER - SENTENCED TO SERVE A TERM OF 18 YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: Keith Miller Case Number: 2002-10,184(1) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Joseph Dewayne Wash |
GEORGE S. SHADDOCK |
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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: | Manslaughter - Rebuttal testimony - Weight of evidence - Excessive sentence |
| Summary of the Facts: | Joseph Wash was convicted of manslaughter and sentenced to eighteen years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Rebuttal testimony A witness who was indicted for accessory after the fact for the same crime with which Wash was charged was called to rebut the alibi testimony given by Wash. Wash argues that the State was required to present all relevant evidence as to the defendant’s guilt in its case in chief. In gray areas, some discretion must be afforded the circuit judge, especially when the defendant is offered and opportunity for surrebuttal. Here, the testimony of the witness only took two pages in the transcript of the trial and Wash had an opportunity to cross examine him and was given proper notification of his possible testimony during discovery before trial. Therefore, the court did not err in allowing the rebuttal testimony. Issue 2: Weight of evidence Wash argues that the verdict was against the overwhelming weight of the evidence. The State offered three ear and eye witnesses to the shooting plus the rebuttal testimony of the person charged as an accessory after the fact. The testimony of these four witnesses was only opposed by the testimony of Wash himself. Giving consideration for the role of the jury in determining questions of fact and credibility, Wash points to nothing that would prove an unconscionable injustice would occur if this verdict were allowed to stand. Issue 3: Excessive sentence Wash argues that his sentence is excessive. Sentencing is not subject to appellate review if it is within the limits prescribed by statute. The maximum sentence for manslaughter is twenty years. Since Wash’s sentence was within the statutory limits, there is no error. |
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