Murray v. State
| Docket Number: | 2001-KA-01524-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 07-24-2003 Opinion Author: Carlson, J. |
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| Additional Case Information: |
Topic: Aggravated assault - Destruction of evidence - Spoliation of evidence instructions - Admission of evidence - Impeachment Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Cobb and Diaz, JJ. Judge(s) Concurring Separately: McRae, P.J. Non Participating Judge(s): Easley, J. Concurs in Result Only: Graves, J. Procedural History: Jury Trial Nature of the Case: Motion for Appeal Bond |
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| Trial Court: |
Date of Trial Judgment: 09-04-2001 Appealed from: Lowndes County Circuit Court Judge: John M. Montgomery Disposition: The Appellant was convicted of five counts of aggravated assault and sentenced to five concurrent fifteen year terms imprisonment. District Attorney: Forrest Allgood Case Number: 1999-0247-CR1 |
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| Note: | Appellant's Motion for Appeal Bond is denied. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Antonio Murray |
DONNA SUE SMITH |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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: | Aggravated assault - Destruction of evidence - Spoliation of evidence instructions - Admission of evidence - Impeachment |
| Summary of the Facts: | Antonio Murray was convicted of five counts of aggravated assault and sentenced to five concurrent fifteen years sentences. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Destruction of evidence Murray argues that the court erred in denying his pretrial motion to dismiss the murder charge based on a denial of due process and intentional loss of evidence. When a due process violation has been claimed by the defendant, the evidence in question must possess an exculpatory value that was apparent before the evidence was destroyed; the evidence must be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means; and the prosecution's destruction of the evidence must have been in bad faith. Here, there is no evidence that law enforcement was aware of the exculpatory value of the projectile; Murray could have produced the key piece of evidence which would have conclusively and forever proven his innocence–the gun; and there is no evidence of fraud, willful or deliberate destruction of evidence or a desire to suppress the truth by the State. Issue 2: Spoliation of evidence instructions Murray argues that the court erred in refusing to instruct the jury on the spoliation of evidence, because the lost evidence was exculpatory in nature and hindered his ability to put on a comprehensive defense. The court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence. Here, there is no evidence that the police department intentionally spoiled any evidence pertaining to this trial. Issue 3: Admission of evidence Murray argues that the court erred in allowing the prosecutor to elicit testimony concerning the autopsy and homicide investigation. A defendant cannot complain of the evidence which he himself brings out. In this case, defense counsel elicited testimony from concerning the autopsy and the gun shot residue kit, and the prosecutor’s inquiry on re-direct examination only developed the defense inquiry. Issue 4: Impeachment Murray argues that the court erred in refusing to allow him to develop testimony concerning a witness’s prior conviction and pending charge of cocaine possession. When testimony is excluded at trial, a record must be made of the proffered testimony in order to preserve the point for appeal. Murray failed to make a proffer for the record to preserve the issue for appeal. |
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