Briggs v. State
| Docket Number: | 2007-KA-01145-COA Linked Case(s): 2007-KA-01145-COA ; 2007-CT-01145-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-09-2008 Opinion Author: IRVING, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Admission of testimony - M.R.E. 103(a)(1) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Chandler, Barnes, Ishee, Roberts, and Carlton, JJ. Concurs in Result Only: GRIFFIS, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-24-2007 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, FIVE YEARS OF POSTRELEASE SUPERVISION, TO PAY A FINE OF $1,000, AND TO PAY RESTITUTION IN THE AMOUNT OF $2,851.71 District Attorney: Forrest Allgood Case Number: 2006-0212-CR1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | EDWARD DONELL BRIGGS A/K/A EDWARD DONEL BRIGGS |
W. DANIEL HINCHCLIFF |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD | ||
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: | Aggravated assault - Admission of testimony - M.R.E. 103(a)(1) |
| Summary of the Facts: | Edward Briggs was convicted of aggravated assault and sentenced to ten years with five years of post-release supervision. He appeals. |
| Summary of Opinion Analysis: | Briggs argues that the trial court erred in admitting testimony from the emergency room nurse practitioner concerning the radiologist’s interpretation of the CT scan and because the testimony was beyond her area of expertise. The nurse never testified that the victim’s injuries were consistent with injuries made as a result of a hard metal object. She only testified that the injuries were “obviously serious.” It cannot be legitimately argued that as a nurse practitioner, she was not qualified to give such testimony. Briggs did not make a Sixth Amendment objection at the time of the nurse’s testimony, nor did he make one in his post trial motion. Instead, he only made a basic hearsay objection. Therefore, he did not preserve the issue for appeal under M.R.E. 103(a)(1). Briggs also argues that the trial court erred in allowing the victim to state that his physician told him that he had suffered some brain damage. If error occurred, it was harmless, because there was other evidence, properly admitted, from which the jury could find that Briggs caused serious bodily injury to the victim. |
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