Pritchett v. State
| Docket Number: | 2009-KA-00325-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-30-2010 Opinion Author: Griffis, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Robbery by use of deadly weapon - Evidence of gang membership - M.R.E. 404(b) - Weight of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. 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: 02-13-2009 Appealed from: Lauderdale County Circuit Court Judge: Robert Bailey Disposition: Conviction of robbery by use of a deadly weapon and sentence of ten years in the custody of the Mississippi Department of Corrections and to pay a $500 fine, $1000 to the Victims' Compensation Fund, and restitution of $207 District Attorney: Bilbo Mitchell Case Number: 524-08 |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jamal Antwan Pritchett |
BENJAMIN ALLEN SUBER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS | ||
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: | Robbery by use of deadly weapon - Evidence of gang membership - M.R.E. 404(b) - Weight of evidence |
| Summary of the Facts: | Jamal Pritchett was convicted of robbery by use of a deadly weapon and sentenced to ten years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Evidence of gang membership Pritchett argues that the circuit court erred in allowing the jury to hear evidence about Pritchett’s alleged involvement in a gang. Evidence of bad acts will be admitted under M.R.E. 404(b) if they are introduced to prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Evidence of other bad acts committed by a defendant is not generally admissible as a part of the State’s case-in-chief. Because the sparse reference by the State to Prichett’s possible gang membership was not part of the State’s case-in-chief, there was no error. Issue 2: Weight of evidence Pritchett argues that the jury’s verdict is against the overwhelming weight of the evidence. There was a substantial amount of evidence against Pritchett. There are surveillance videos that documented both of his visits to the Texaco gas station. The jury heard his co-defendants testify that Pritchett was involved with the planning and execution of the robbery. After the jury watched the videos and heard the evidence, they found Pritchett guilty. The evidence supports this finding. |
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