Beard v. State
| Docket Number: | 2000-KA-01849-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-04-2003 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Kidnapping, Rape & Armed robbery - Mistrial - Weight of evidence - Chain of custody Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-13-2000 Appealed from: DeSoto County Circuit Court Judge: George B. Ready Disposition: COUNT II RAPE - SENTENCE OF LIFE IMPRISONMENT IN THE MDOC AS AN HABITUAL OFFENDER. COUNT I KIDNAPPING - SENTENCE OF TWENTYSEVEN YEARS IN THE MDOC AS AN HABITUAL OFFENDER TO RUN CONSECUTIVELY TO THE SENTENCE IN COUNT II. COUNT III ARMED ROBBERY - SENTENCE OF TWENTY-SEVEN YEARS IN THE MDOC AS AN HABITUAL OFFENDER TO RUN CONSECUTIVELY TO COUNT I. District Attorney: John W. Champion Case Number: 2000-222-R(D) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Ronnie Dean Beard |
JOHN KEITH PERRY
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL
BY: CHARLES W. MARIS |
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| Appellee: | State of Mississippi | JOHN KEITH PERRY ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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| Topic: | Kidnapping, Rape & Armed robbery - Mistrial - Weight of evidence - Chain of custody |
| Summary of the Facts: | Ronnie Beard was convicted of kidnapping, rape, and armed robbery. He was sentenced to life imprisonment without parole as an habitual offender on the rape charge, to twenty-seven years on the kidnapping charge as an habitual offender to run consecutively to the sentence imposed on the rape charge, and to twenty-seven years as an habitual offender on the armed robbery charge which is to run consecutively as well. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Mistrial Beard argues that the court erred by denying his motion for a mistrial after one of the police officers made a statement that was a conclusion of fact while testifying as to the guilt of the defendant. Refusal to grant a mistrial is proper where an objection to the testimony is sustained and the jury is admonished to disregard the statement. Here, the court instructed the jury to disregard the statement. Issue 2: Weight of evidence Beard argues that the verdict is contrary to the overwhelming weight of the evidence, because the State's proof hinged upon circumstantial evidence and there were gaps in the chain of custody which provided ample opportunity for altering evidence. The defendant has the burden of proving that there is any reasonable inference of likely tampering with or substitution of evidence. Beard has produced no evidence which suggests that tampering or substitution of evidence occurred. An officer testified that the hubcap in question was maintained in either his custody or in the evidence room until it was turned over to the district attorney's office. With regard to DNA evidence, a forensic scientist with the DNA Unit of the FBI Crime Lab testified that evidence was submitted by a person of the Mississippi Crime Laboratory and that she returned it to the same person when she had tested the samples. |
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