Mack v. State
| Docket Number: | 2011-KA-01478-COA Linked Case(s): 2011-TS-01478-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-29-2013 Opinion Author: Irving, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Capital murder & Arson - Cross-examination - Prior conviction - M.R.E. 609 Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-19-2011 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: CONVICTED OF COUNT I, CAPITAL MURDER, AND SENTENCED TO LIFE; AND COUNT II, ARSON, AND SENTENCED TO TWENTY YEARS, WITH THE SENTENCE IN COUNT II TO RUN CONSECUTIVELY TO THE SENTENCE IN COUNT I, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION District Attorney: Robert Shuler Smith Case Number: 09-0-671 |
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| Party Name: | Attorney Name: | |||
| Appellant: | James Lee Mack, Jr. a/k/a James Lee Mack a/k/a James Mack |
OFFICE OF STATE PUBLIC DEFENDER: ERIN ELIZABETH PRIDGEN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE BRELAND WOOD |
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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: | Capital murder & Arson - Cross-examination - Prior conviction - M.R.E. 609 |
| Summary of the Facts: | James Mack Jr. was convicted of capital murder, Count I, and arson, Count II. The circuit court sentenced Mack to life on Count I and to twenty years on Count II, without eligibility for parole or probation. Mack appeals. |
| Summary of Opinion Analysis: | Mack argues that the circuit court prevented him from presenting a meaningful defense by prohibiting him from cross-examining a witness regarding the witness’s prior armed robbery conviction. The admissibility of the witness’s 1994 armed-robbery conviction for the purpose of attacking his character for truthfulness is governed by M.R.E. 609. Here, the circuit court did not abuse its discretion by prohibiting cross-examination regarding the1994 conviction. Not only is the conviction over ten years old, Mack has failed to present any evidence that the witness’s prior conviction or the circumstances surrounding the prior conviction would have offered any probative value in the case against Mack. Additionally, there is no evidence that the witness’s testimony was motivated by any animus against Mack. |
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