Hudson v. State
| Docket Number: | 2005-KA-01298-COA Linked Case(s): 2005-KA-01298-COA ; 2005-CT-01298-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-10-2007 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Capital murder - Evidence of gang affiliation - M.R.E. 404(b) - M.R.E. 403 - Dog tracking evidence Judge(s) Concurring: Lee and Myers, P.JJ., Chandler, Griffis, Barnes and Roberts, JJ. Dissenting Author : ISHEE, J., dissents in part with separate written opinion Dissent Joined By : KING, P.J., AND IRVING, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-18-2004 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: CONVICTED OF CAPITAL MURDER AND SENTENCED TO LIFE WITHOUT PAROLE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: FORREST ALLGOOD Case Number: 2002-0058-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | DEVAIL HUDSON |
PEARSON LIDDELL |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JACOB RAY |
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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: | Capital murder - Evidence of gang affiliation - M.R.E. 404(b) - M.R.E. 403 - Dog tracking evidence |
| Summary of the Facts: | Devail Hudson was convicted of capital murder and sentenced to life without parole. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Prejudicial evidence Hudson argues that the trial court erroneously admitted evidence that indicated Hudson was in a gang, because there was no proper foundation for this evidence and the court did not balance the probative value and prejudicial effect of this evidence pursuant to M.R.E. 403. Evidence of gang affiliation can be admissible to show motive under M.R.E. 404(b) if it also passes a Rule 403 balancing test. Although the trial judge in this case did not state on the record that the testimony would be more probative than prejudicial, both parties were given the opportunity to argue their position. This implicit Rule 403 balancing test was sufficient. The testimony elicited by the State was not an attempt to produce evidence of Hudson’s possible gang affiliation or to connect any such affiliation with the crime but was allowed to show why a witness was afraid of the group of men who were involved in the crime, including Hudson. Therefore, the court did not abuse its discretion in admitting this evidence. Issue 2: Dog tracking evidence Hudson argues that dog tracking evidence is generally too unreliable to be admissible. The qualifications of the tracking dogs, as well as the handlers, were well documented at trial. Both dogs and their handlers had undergone various training and certification. The officer testified that the dog had never failed in a human tracking search. In light of this evidence concerning qualifications and reliability, the court did not err in allowing the dog handler’s testimony into evidence. |
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