Ball v. State
| Docket Number: | 2002-KA-00069-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-13-2003 Opinion Author: Myers, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Aggravated assault - Other crimes’ evidence - M.R.E. 404(b) - Weight of evidence - Jury deliberations Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Chandler and Griffis, JJ. Concurs in Result Only: Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 12-14-2001 Appealed from: Marion County Circuit Court Judge: R.I. Prichard, III Disposition: COUNT I, AGGRAVATED ASSAULT - 20 YEARS; COUNT II, AGGRAVATED ASSAULT - 10 YEARS District Attorney: Claiborne McDonald Case Number: K00-0069P |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Patrick Ball |
THOMAS E. SCHWARTZ |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
|
|
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: | Aggravated assault - Other crimes’ evidence - M.R.E. 404(b) - Weight of evidence - Jury deliberations |
| Summary of the Facts: | Patrick Ball was convicted of aggravated assault and was sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Other crimes’ evidence Ball argues that the court erred in overruling his motion for a mistrial when a witness testified about other criminal acts. M.R.E. 404(b) prohibits evidence of other crimes, wrongs, or acts from being used to prove the character of a person in order to show that he acted in conformity therewith. In this case, the witness was merely saying what he thought he saw. In addition, there was no timely objection to the testimony. Issue 2: Weight of evidence Ball argues that the judge should have directed a verdict, because the only credible evidence was that of his own witness. Two eyewitnesses identified Ball and stated he pointed a handgun in their direction and fired several times. One of witnesses was injured as a result. This evidence was sufficient for reasonable jurors to find Ball guilty of aggravated assault. Issue 3: Jury deliberations Ball argues that the jury deliberated in haste. Ball has not preserved the issue for appeal, because there was no objection on the record when the court received the verdict and because he fails to cite any authority. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
