Broadhead v. State
| Docket Number: | 2006-KA-02063-COA Linked Case(s): 2006-KA-02063-COA ; 2006-CT-02063-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-04-2007 Opinion Author: IRVING, J. Holding: The judgment of the Jackson County Circuit Court of conviction of capital murder and sentence of a term of life in the custody of the Mississippi Department of Corrections, without the possibility of parole, is affirmed. |
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| Additional Case Information: |
Topic: Capital murder - Photographs - Audio recording of phone conversation - M.R.E. 901 Judge(s) Concurring: KING, C.J., LEE. J., MYERS, P.JJ., CHANDLER, J., GRIFFIS, J., BARNES, J., ISHEE, J., ROBERTS, J., CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-21-2006 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: CONVICTED OF CAPITAL MURDER AND SENTENCED TO A TERM OF LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Anthony N. Lawrence, III Case Number: 2004-10,042 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | TOWANDER DENISE BROADHEAD A/K/A TOWANDA DENISE GARNER A/K/A TAWANA DENISE BROADHEAD |
GEORGE T. HOLMES |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN TERRELL MARTIN | ||
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 - Photographs - Audio recording of phone conversation - M.R.E. 901 |
| Summary of the Facts: | Towander Broadhead was convicted of capital murder and sentenced to life with no possibility of parole or early release. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Photographs Broadhead argues that the court erred in admitting two autopsy photographs, because the only purpose of the pictures was to arouse the sympathy of the jury. The photographs were of significant probative value, especially in light of the conflicting versions told of the victim’s beating. The photographs clarified exactly what happened to the victim in that they show the incredible severity of the beating that the victim suffered before he died. The photographs’ probative value clearly outweighed their prejudicial effect, and the court did not err in admitting them. Issue 2: Audio recording of phone conversation Broadhead argues that the court erred in admitting the recording of her phone call from jail because the State’s attempt to authenticate the recording was insufficient. A detective of the Jackson County Sheriff’s Department testified that he was familiar with Broadhead’s voice and that it was clearly her voice on the recording. In addition, Broadhead identified herself at the beginning of the phone call when it asked her to identify the source of the collect call. Furthermore, the detective testified that he was familiar with the phone system that recorded the inmates’ phone calls, although he was not responsible for the phone system at the time of Broadhead’s call. Under the standard given in M.R.E. 901, this evidence was sufficient to authenticate the recording, and there was no error in admitting the recording. In addition, Broadhead’s own closing argument admitted as much of her guilt as did the recorded conversation. |
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