Wyatt v. City of Pearl
| Docket Number: | 2003-KM-01077-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-27-2004 Opinion Author: Smith, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: DUI first offense - Discovery violation - UCCCR 9.04 Judge(s) Concurring: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Bench Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 04-10-2003 Appealed from: Rankin County Circuit Court Judge: William E. Chapman, III Disposition: Appellant was convicted of DUI first. Case Number: 14265 |
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| Note: | Appellant's Motion to Certify Constitutional Question is dismissed as moot | |
| Party Name: | Attorney Name: | |||
| Appellant: | Melissa Baker Wyatt |
ROBERT LOUIS WILLIAMSON |
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| Appellee: | City of Pearl, Mississippi | JASON T. ZEBERT |
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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: | DUI first offense - Discovery violation - UCCCR 9.04 |
| Summary of the Facts: | Melissa was arrested and charged with Driving Under the Influence First Offense. She was tried and convicted in the City of Pearl municipal court, and she appealed the conviction to the Rankin County Court. She was tried de novo and convicted in Rankin County Court. She appealed her conviction to the Circuit Court of Rankin County which affirmed. She appeals. |
| Summary of Opinion Analysis: | Wyatt argues that the court erroneously ruled that her request for discovery was not timely, citing the long pending date of the trial because her request was made a full month in advance of trial and because the prosecutor was able to respond within ten days without requesting additional time. Although the prosecution did violate UCCCR 9.04 by not providing the documents requested or instead filing an objection with the court, a violation of Rule 9.04 is considered harmless error unless it affirmatively appears from the entire record that the violation caused a miscarriage of justice. Because the prosecution did turn over all of the discovery requested except for the manuals including the calibration and maintenance documents indicating that the breath test instrument had been properly maintained, the manuals requested would not have changed the outcome of the case and the discovery error was harmless. |
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