West v. State


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Docket Number: 2006-KA-01353-COA

Court of Appeals: Opinion Link
Opinion Date: 11-20-2007
Opinion Author: Irving, J.
Holding: Affirmed

Additional Case Information: Topic: Aggravated assault & Felony failure to stop - Discovery violation - URCCC 9.04(I) - Prior bad act - M.R.E. 404(b) - M.R.E. 403
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 07-21-2006
Appealed from: WASHINGTON COUNTY CIRCUIT COURT
Judge: W. Ashley Hines
Disposition: CONVICTED OF AGGRAVATED ASSAULT IN COUNT I AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AND CONVICTED OF FELONY FAILURE TO STOP IN COUNT II AND SENTENCED TO FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH THE SENTENCE TO RUN CONSECUTIVE TO THE SENTENCE IN COUNT I
District Attorney: Joyce Ivy Chiles
Case Number: 2006-100

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: HANCE CHATAVIUS WEST




BENJAMIN ALLEN SUBER



 
  • Appellant #1 Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

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    Topic: Aggravated assault & Felony failure to stop - Discovery violation - URCCC 9.04(I) - Prior bad act - M.R.E. 404(b) - M.R.E. 403

    Summary of the Facts: Hance West was convicted of aggravated assault and felony failure to stop. He was sentenced to twenty years for the assault and five years for the failure to stop. He appeals.

    Summary of Opinion Analysis: Issue 1: Discovery violation West argues that the court erred in refusing to grant him a continuance after the State provided copies of the victim’s medical records for the first time on the morning of trial. The trial court followed the procedure required by URCCC 9.04(I). When the defense objected to the State’s use of the medical records, the court granted West and his attorneys a twenty-five minute continuance to review the materials. West did not thereafter claim unfair surprise or undue prejudice as a result of the late disclosure. In the absence of such an assertion, the court was under no obligation to sua sponte exclude the evidence. Furthermore, a much greater period of time than twenty-five minutes passed between the initial objection and the victim’s testimony. Therefore, West and his attorneys had much longer than twenty-five minutes to review the records before having any use for them. The time given to West was reasonable and he has been unable to show any prejudice. Issue 2: Prior bad act West argues that the court erred in admitting evidence of a prior incident where he allegedly threw a beer bottle at the victim. If the only information about the prior incident that had been relayed to the jury was that West hit the victim with a beer bottle, West’s argument would be far more compelling. However, this was not the only information that was relayed. The incident helped establish that West had a prior animus against the victim and was admissible under M.R.E. 404(b). West also argues that the evidence was inadmissible under M.R.E. 403 and that the court erred in not conducting a balancing test. Although the court here failed to conduct an on-the-record balancing test, the failure to conduct the test did not affect West’s rights. The probative value of the evidence was extremely significant, as it gave meaning to what would have otherwise been a random act of violence. In addition, the court sua sponte issued a limiting instruction that told the jury not to consider the evidence as evidence of West’s character, but only to consider the evidence as it related to West’s motive.


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