Christian v. State
| Docket Number: | 2007-KA-00758-COA Linked Case(s): 2007-KA-00758-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-26-2008 Opinion Author: Myers, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Expert witness - M.R.E. 702 - 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: 04-26-2007 Appealed from: Jackson County Circuit Court Judge: Dale Harkey Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO TWENTY YEARS WITH EIGHTEEN YEARS TO SERVE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TWO YEARS OF POSTRELEASE SUPERVISION AND A $5,000 FINE District Attorney: Anthony N. Lawrence, III Case Number: 2006-10,444 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | COLT ALLEN CHRISTIAN |
GEORGE S. SHADDOCK |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY | ||
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 - Expert witness - M.R.E. 702 - Sufficiency of evidence |
| Summary of the Facts: | Colt Christian was found guilty of aggravated assault and sentenced to twenty years, with eighteen years to serve. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Expert witness Christian argues that his defense was severely limited by the restrictions placed on his expert witness while testifying at trial and that the limitation prevented him from effectively presenting and supporting his theory that the shooting of Roberts was accidental. Pursuant to M.R.E. 702, a witness may testify as an expert if qualified by virtue of his or her knowledge, skill, experience or education, but only if the witness’s scientific, technical or other specialized knowledge will assist the trier of fact in understanding or deciding a fact in issue. Christian attempted to introduce the witness as an expert in the field of firearms and shooting reconstruction. The trial court eventually determined that the witness was qualified to testify as a firearm expert, but he was not qualified to testify as a shooting reconstruction expert because it had not heard enough to demonstrate that the witness was qualified to testify as an expert in that field. Shooting reconstruction itself is the examination of a crime scene to determine the origin of the bullet. Christian failed to present sufficient qualifications regarding the witness. Additionally, the witness failed to sufficiently explain the reasoning behind his theory that the shooting was accidental. Thus, there is no error. Issue 2: Sufficiency of evidence Christian argues that the shooting was accidental and the evidence at trial left a reasonable doubt as to his guilt. The State demonstrated that evidence at trial contradicted Christian’s testimony in the following ways: Christian is clearly heard in the audio tape acting as the aggressor; the pistol involved in the shooting had four safeties; and testimony from the deputy who provided medical assistance to the victim at the scene of the crime established that Christian drove by in another vehicle and lied about being present at the scene of the accident earlier. When the evidence is conflicting, the jury will be the sole judge of the credibility of witnesses and the weight and worth of their testimony. |
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