Palmer v. State
| Docket Number: | 2002-KA-00857-COA Linked Case(s): 2002-CT-00857-SCT ; 2002-KA-00857-COA |
|
| Court of Appeals: |
Opinion Link Opinion Date: 03-09-2004 Opinion Author: Southwick, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Capital murder - Expert testimony - Photographs - Death penalty - Weight of evidence Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 02-01-2002 Appealed from: Jackson County Circuit Court Judge: Dale Harkey Disposition: CAPITAL MURDER- SENTENCED TO SERVE LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE. District Attorney: Keith Miller Case Number: 00-10,504(3) |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Ronnie Shane Palmer |
H. BERNARD GAUTIER |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
|
|
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. |
|
| Topic: | Capital murder - Expert testimony - Photographs - Death penalty - Weight of evidence |
| Summary of the Facts: | Ronnie Palmer was found guilty of capital murder and was sentenced to life imprisonment. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Expert testimony Palmer argues that there was a failure to follow a uniform court rule structuring the procedures for resolving discovery violations with regard to the testimony of the forensic pathologist. Palmer failed to object during trial on the basis of a discovery violation. Therefore, the issue is waived. Palmer also argues that the expert's testimony contained statements that were beyond his field of expertise, i.e., it was impossible for the doctor to know what caused the victim's injuries. However, a forensic pathologist may give testimony concerning the cause of an injury. Palmer also complains of a statement made about the expert during closing argument. However, he failed to object. Issue 2: Photographs Palmer argues that the photographs offered during the expert's testimony should not have been admitted into evidence because of gruesomeness and lack of probative value. Because the autopsy photographs were used to describe the injuries to the jury, they were relevant and not unduly gruesome. Issue 3: Death penalty Palmer argues if he is granted a new trial, he should not stand the risk of the death penalty after receiving a life sentence following his first trial. This issue would arise only if Palmer were to have his conviction reversed. Since it is affirmed, what might happen during sentencing after a second trial is academic. Issue 4: Weight of evidence Palmer argues that the verdict was contrary to the overwhelming weight of the evidence, because no reasonable juror could believe that he caused the injury. The State's evidence of child abuse consisted of the fact that Palmer was alone with the victim, he admitted dropping and slapping her, and during this time she was injured and died from the injuries. This evidence supported the verdict. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
