McLaurin v. State


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Docket Number: 2008-KA-00814-COA
Linked Case(s): 2008-KA-00814-COA

Court of Appeals: Opinion Link
Opinion Date: 11-17-2009
Opinion Author: MYERS, P.J.
Holding: AFFIRMED

Additional Case Information: Topic: Rape - Ineffective assistance of counsel - M.R.A.P. 22 - Cross-examination - M.R.E. 611(a) - Prosecutor's comments - Prior bad acts - M.R.E. 403 - M.R.E. 105 - M.R.E. 404(b) - Photographic lineup
Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 02-08-2000
Appealed from: Hinds County Circuit Court
Judge: Tomie Green
Disposition: CONVICTED OF RAPE AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
District Attorney: Eleanor Faye Peterson
Case Number: 98-4-314

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: SHAWN LAWAN MCLAURIN




J. CHRISTOPHER KLOTZ



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  

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    Topic: Rape - Ineffective assistance of counsel - M.R.A.P. 22 - Cross-examination - M.R.E. 611(a) - Prosecutor's comments - Prior bad acts - M.R.E. 403 - M.R.E. 105 - M.R.E. 404(b) - Photographic lineup

    Summary of the Facts: Shawn McLaurin was convicted of rape and sentenced to life. He appeals.

    Summary of Opinion Analysis: Issue 1: Ineffective assistance of counsel McLaurin argues that he received ineffective assistance of counsel. Several of McLaurin’s allegations are based upon facts that are not fully apparent from the record. Pursuant to M.R.A.P. 22, these issues will not be addressed on direct appeal. McLaurin’s ineffective assistance claim would be more appropriately brought in a petition for post-conviction relief. Issue 2: Cross-examination McLaurin argues that by the trial court’s refusal to allow him to cross-examine the victim regarding a gunshot wound that he allegedly had on his leg at the time of rape denied him his constitutional right to confront a witness. McLaurin’s theory of the case was that this was an instance of mistaken identity, and that on night of the rape, he was recovering from a gunshot wound to the upper thigh. Yet, there was no mention of these wounds in the initial police reports. Under M.R.E. 611(a), the judge may limit cross-examination to prevent the needless waste of time. Despite McLaurin’s argument to the contrary, the record clearly reveals that the victim let it be known to the jury that she did not notice a gunshot wound to McLaurin’s leg. Issue 3: Prosecutor's comments McLaurin argues that the prosecutor made improper and unconstitutional comments on McLaurin’s failure to call a medical witness regarding his alleged gunshot wound. Through his alibi witnesses, McLaurin attempted to contradict the State’s case with testimony that McLaurin was on crutches at the time of the alleged rape due to a recent gunshot wound to his leg; therefore, he could not have been the perpetrator. There is no indication anywhere in the record that the State was informed prior to trial that McLaurin was being treated for a gunshot wound at the time of alleged incident, much less, by whom. The State properly queried a witness on cross-examination on this point, and during its summation, the State appropriately argued the logical inference taken from the defendant’s failure to produce his treating physician at trial. Issue 4: Prior bad acts McLaurin argues the trial court erred by not sua sponte conducting an M.R.E. 403 balancing test on testimony regarding McLaurin’s prior bad acts. However, McLaurin’s counsel admittedly did not object to this testimony. The failure to make a contemporaneous objection to testimony which a defendant finds objectionable constitutes waiver of the issue on appeal. M.R.E. 105 clearly places the burden of requesting an M.R.E. 404(b) limiting instruction upon counsel. Issue 5: Photographic lineup McLaurin argues that the photographic lineup given to the victim was impermissibly suggestive as to taint the identification of McLaurin. Because the photographic lineup has not been made part of the record on this appeal, the Court cannot address this issue.


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