Lynch v. State
Docket Number: | 2008-KA-01874-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 01-05-2010 Opinion Author: Maxwell, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Possession of cellular phones while confined in correctional facility - Impeachment - M.R.E. 613(b) - Prior inconsistent statement Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, 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: 11-06-2008 Appealed from: Clarke County Circuit Court Judge: Lester F. Williamson Disposition: CONVICTED OF POSSESSION OF CONTRABAND IN JAIL AND SENTENCED AS A HABITUAL OFFENDER TO FIFTEEN YEARS IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT THE POSSIBILITY OF PROBATION, PAROLE, EARNED RELEASE, EARNED TIME, GOOD TIME, TRUSTEE STATUS OR ANY TYPE OF REDUCTION OF SENTENCE AND TO PAY A FINE OF $500 District Attorney: Bilbo Mitchell Case Number: 2008-26 |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | DAVID LYNCH |
LESLIE S. LEE, JUSTIN TAYLOR COOK |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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Topic: | Possession of cellular phones while confined in correctional facility - Impeachment - M.R.E. 613(b) - Prior inconsistent statement |
Summary of the Facts: | David Lynch was convicted of possession of cellular phones while confined in a correctional facility. He was sentenced as a habitual offender to fifteen years. He appeals. |
Summary of Opinion Analysis: | Lynch argues that the court erred by allowing the State to impeach Lynch with his attorney’s statement. However, Lynch’s attorney’s representation was used only for impeachment purpose on a collateral and quite trivial matter — whether Lynch had heard or read his discovery. Lynch’s attorney’s statements did not touch on his client’s guilt, much less rise to the level of a tacit admission of guilt on the underlying phone-possession charge. Pursuant to M.R.E. 613(b), unsworn prior inconsistent statements of a witness may be used to impeach the witness’s credibility. However, this case does not involve a prior statement from a testifying witness. Also, there is nothing in the record to establish that Lynch agreed with his counsel’s representation that he had read the deputies’ statements. Absent such an acknowledgment, Lynch cannot be said to have adopted his attorney’s statements as his own. Thus, Lynch’s attorney’s representations were not prior inconsistent statements under Rule 613(b) and should not have been used for impeachment purposes under these circumstances. While it was error for the circuit court to allow the State to use Lynch’s attorney’s statements for impeachment purposes, the error was harmless due to the overwhelming evidence of Lynch’s guilt. |
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