Martin v. State
| Docket Number: | 2006-KA-00145-SCT Linked Case(s): 2006-KA-00145 |
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| Supreme Court: | Opinion Link Opinion Date: 12-13-2007 Opinion Author: Dickinson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Felony child abuse - Weathersby rule - Prior youth court adjudication - Past DUI incident - Weight of evidence Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Randolph and Lamar, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-12-2005 Appealed from: LEFLORE COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: Conviction of Felony Child Abuse and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, with conditions. District Attorney: Joyce Ivy Chiles Case Number: 2004-0225 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Daniel J. Martin |
David L. Brewer |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BY: LAURA HOGAN TEDDER |
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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: | Felony child abuse - Weathersby rule - Prior youth court adjudication - Past DUI incident - Weight of evidence |
| Summary of the Facts: | Daniel Martin was convicted of felony child abuse and was sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Weathersby rule Martin argues that he was entitled to a jury instruction incorporating the Weathersby rule. The rules provides that where the defendant or the defendant’s witnesses are the only eyewitnesses to a homicide, their version, if reasonable, must be accepted as true, unless substantially contradicted in material particulars by a credible witness or witnesses for the State, or by the physical facts or by the facts of common knowledge. The case against Martin does not involve a homicide, and the Weathersby rule is applicable only in homicide cases. Issue 2: Prior youth court adjudication Martin argues that the judge committed reversible error by allowing into evidence a prior youth court adjudication that the victim and Martin’s son were abused and neglected children. This issue was initiated by Martin’s counsel during his cross-examination of a social worker. A defendant cannot complain on appeal concerning evidence that he himself brought out at trial. Issue 3: Past DUI incident Martin argues that he was prejudiced by the admission of evidence concerning a past DUI incident. Nothing in the record justified any reference to a previous DUI incident in which someone was almost killed. However, the trial court sustained the defense’s objection to this line of questioning, and defense counsel neither requested a limiting instruction, nor moved for a mistrial. Issues not presented to the trial court are deemed waived and may not be raised for the first time upon appeal. Issue 4: Weight of evidence Martin argues that the verdict was against the weight of the evidence. A social worker with DHS testified that, upon asking the child what happened, the child said that “Daddy did this.” The social worker also read into evidence a letter DHS had received from the treating physician at Greenwood-Leflore Hospital. Also, an expert in the field of emergency medicine and pediatrics with special training in child abuse opined that the victim was forcibly placed in the water and held there. Based on this testimony, the conviction was not against the overwhelming weight of the evidence. |
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