Lindsey v. State
| Docket Number: | 2008-KA-01717-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-23-2010 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Possession of contraband in private correctional facility - Limiting instruction - Recusal of judge Judge(s) Concurring: Myers, P.J., Irving, Barnes, Roberts and Maxwell, JJ. Dissenting Author : Carlton, J., with separate written opinion. Dissent Joined By : King, C.J., Lee, P.J., and Ishee, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-11-2008 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: CONVICTED OF POSSESSION OF CONTRABAND IN A PRIVATE CORRECTIONAL FACILITY AND SENTENCED TO SEVEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Mark Sheldon Duncan Case Number: 08-CR-044-LE-G |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | HENRY LINDSEY |
THOMAS A. PRITCHARD |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND | ||
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: | Possession of contraband in private correctional facility - Limiting instruction - Recusal of judge |
| Summary of the Facts: | Henry Lindsey was found guilty of possession of contraband in a private correctional facility and was sentenced to seven years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Limiting instruction Lindsey argues that the trial judge failed to instruct the jury to disregard evidence of other crimes, wrongs, or acts where there was no foundation for their admissibility and no showing that the probative value outweighed the prejudicial effect. Because it was defense counsel’s duty to request the limiting instruction and counsel failed to do so, this issue is without merit. Issue 2: Recusal of judge Lindsey argues that the trial judge was biased and should have recused himself sua sponte after speaking to the potential jurors. Failure of the party to object to a trial judge’s appearance results is a waiver of any objection. Lindsey failed to object or file a motion seeking the judge to recuse himself. Thus, this issue is without merit. |
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