Nichols v. State
| Docket Number: | 2006-KA-00980-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-25-2007 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Manslaughter - Dying declaration - M.R.E. 804(b)(2) - Sufficiency of evidence Judge(s) Concurring: KING, C.J., LEE, 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: 06-28-2005 Appealed from: Jefferson County Circuit Court Judge: Lamar Pickard Disposition: CONVICTION OF MANSLAUGHTER AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: Alexander C. Martin Case Number: 2005-1KR-A |
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| Party Name: | Attorney Name: | |||
| Appellant: | KWASBA NICHOLS |
M. A. BASS, JR. |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE B. 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: | Manslaughter - Dying declaration - M.R.E. 804(b)(2) - Sufficiency of evidence |
| Summary of the Facts: | Kwasba Nichols was convicted of manslaughter and was sentenced to serve twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Victim’s statement Nichols argues that the court abused its discretion in admitting the victim’s’ statement which identified Nichols as his assailant, because the statement did not qualify as a dying declaration excepted from the general rule barring hearsay evidence.In determining whether a statement qualifies as a dying declaration under M.R.E. 804(b)(2), the court must determine the state of the declarant’s mind when the statements were made. The record shows that the victim repeatedly made the statement, “Please don’t let me die” to medical personnel. These statements could certainly be considered as evidence that the victim understood the gravity of his situation. Issue 2: Sufficiency of evidence Nichols argues that the State failed to provide sufficient evidence to convince a jury of his guilt beyond reasonable doubt, because the only evidence presented against him at trial consisted of one witness’ testimony regarding the physical confrontation. The record shows that testimony was taken from several witnesses at trial, including the officers who responded to the scene, treating medical personnel, and the medical examiner. A reasonable juror could have found Nichols guilty of manslaughter based on the evidence presented. |
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