Madden v. State
| Docket Number: | 2008-KA-01269-COA Linked Case(s): 2008-KA-01269-COA2008-CT-01269-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-05-2010 Opinion Author: Carlton, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Sufficiency of evidence - Prior bad acts - M.R.E. 404(b) - M.R.E. 403 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Concur in Part, Concur in Result 1: Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-11-2008 Appealed from: TUNICA COUNTY CIRCUIT COURT Judge: Charles E. Webster Disposition: CONVICTED OF COUNT I, MURDER, AND SENTENCED TO LIFE; COUNT II MURDER, AND SENTENCED TO LIFE, WITH THE SENTENCES TO RUN CONCURRENTLY IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Laurence Y. Mellen Case Number: 2008-0019 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | TERRY LEE MADDEN |
JOHNNIE E. WALLS, JR., DAVID LYDELL TISDELL |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY | ||
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: | Murder - Sufficiency of evidence - Prior bad acts - M.R.E. 404(b) - M.R.E. 403 |
| Summary of the Facts: | Terry Madden was convicted of two murders and sentenced to life for each. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Madden argues that the evidence presented at trial was legally insufficient to support the jury’s verdict. He argues that the alibi evidence he presented gave nearly equal support to his theory of innocence as the State’s evidence gave to a theory of guilt. Madden presented four witnesses to testify that he was approximately sixty miles from where the murders occurred. Despite Madden’s alibi witnesses, the State presented evidence at trial sufficient to support the guilty verdicts. The evidence, examined in the light favorable to the prosecution, revealed a prolonged but intermittent tumultuous relationship between Madden and one of the victims. A firearm-identification expert testified that the victims were killed by a .40-caliber handgun. Evidence presented at trial by different witnesses suggested that Madden had owned a .40-caliber weapon. Examining the evidence in the light most favorable to the prosecution, a rational trier of fact could find that Madden killed the victims without authority of law and with deliberate design to effect their deaths, and to the exclusion of every reasonable hypothesis consistent with his innocence. Issue 2: Prior bad acts Madden argues that the trial court committed reversible error when it allowed various witnesses to testify as to his prior bad acts. The record shows that the trial court carefully considered the admission of the prior bad acts under M.R.E. 404(b) and 403, ultimately allowing the evidence as proof of Madden’s motive and intent to kill. Previous incidents of domestic violence against the victim are admissible to show motive, intent, lack of accident, or mistake. |
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