Morris v. State
| Docket Number: | 2005-KA-02016-COA Linked Case(s): 2005-KA-02016-COA ; 2005-CT-02016-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-20-2007 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Evidence of fights - M.R.E. 401 - M.R.E. 402 - M.R.E. 403 - Hearsay - M.R.E. 803(24) - Cross-examination Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-21-2005 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: JOYCE IVY CHILES Case Number: 2004-0250 |
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| Party Name: | Attorney Name: | |||
| Appellant: | DARYL MORRIS A/K/A DARRYL MORRIS |
RABUN JONES |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN TERRELL MARTIN |
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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: | Murder - Evidence of fights - M.R.E. 401 - M.R.E. 402 - M.R.E. 403 - Hearsay - M.R.E. 803(24) - Cross-examination |
| Summary of the Facts: | Darryl Morris was convicted of murder and sentenced to life. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Evidence of fights The State’s theory of the case was that the murder was the culmination of an ongoing family feud between the defendant’s family and the victim’s family. Morris argues that the court erred in allowing the State to enter testimony regarding the fights. He argues that absent evidence that he was at or involved in the fights, the testimony has no probative value and should have been excluded as being irrelevant and confusing to the jury. Pursuant to M.R.E. 401 and 402, the court did not abuse its discretion in allowing the testimony regarding the fighting between the families since the testimony had the tendency of making the action more or less probable. Morris obviously knew of the ongoing feud and had participated in several altercations. Further, M.R.E. 403 was not violated as the probative value of the testimony was not substantially outweighed by the danger of unfair prejudice. Given that it is the responsibility of the jury to determine the weight and credibility of the evidence, it was up to the jury to sort out any inconsistencies in the testimony. Issue 2: Hearsay Morris argues that testimony from an inmate housed in a cell near Morris that he overheard Morris telling another prisoner that he shot the victim was double hearsay and should have been excluded even though no objection was made at trial. When hearsay goes into evidence without objection, the trial court has no opportunity to evaluate the proffered testimony under M.R.E. 803(24), or any other exception. Therefore, the failure to object to hearsay operates as a waiver of the issue on appeal. In addition, the jury had sufficient evidence, such as the testimony from the two eyewitnesses, to find Morris guilty even without this testimony. Issue 3: Cross-examination Morris argues that his Sixth Amendment right to confrontation was violated when the judge cut short a witness’s testimony concerning the conditions of his confinement. The fact that Morris did not receive the answer that he wanted does not mean that his counsel could continue repetitious questioning until he got a desirable answer. The record does not show that the court unduly restricted cross-examination. |
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