Robinson v. State
| Docket Number: | 2007-CT-02202-SCT Linked Case(s): 2007-KA-02202-COA ; 2007-KA-02202-COA ; 2007-CT-02202-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 05-13-2010 Opinion Author: Randolph, J. Holding: Reversed and remanded |
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| Additional Case Information: |
Topic: Murder - Prior bad acts - M.R.E. 404(b) Judge(s) Concurring: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. Procedural History: Jury Trial; JNOV Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 02-01-2007 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: Floyd Robinson was indicted for the murder of his on-again, off-again girlfriend, Bridget Moore. Following a jury trial in the Circuit Court of Oktibbeha County, Mississippi, Robinson was found guilty as charged and sentenced to life imprisonment in the custody of the Mississippi Department of Corrections (“MDOC”). Following denial of his “Motion for Judgment Notwithstanding the Verdict,” Robinson filed notice of appeal. The Mississippi Court of Appeals, in a five-four split, affirmed. District Attorney: Forrest Allgood Case Number: 2005-0411-CR1 |
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| Note: | This opinion reverses and remands a previous judgment from the Court of Appeals. See the original COA opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO54289.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Floyd Robinson |
OFFICE OF INDIGENT APPEALS: LESLIE S. LEE, JUSTIN TAYLOR COOK, GLENN S. SWARTZFAGER, LATISHA NICOLE CLINKSCALES |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
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| Topic: | Murder - Prior bad acts - M.R.E. 404(b) |
| Summary of the Facts: | Floyd Robinson was convicted of murder and sentenced to life imprisonment. He appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The issue on appeal is whether the circuit court abused its discretion in admitting evidence of Robinson’s prior bad acts. M.R.E. 404(b) provides that evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. Robinson was indicted only for a murder that arose out of one incident. Nonetheless, the circuit court admitted evidence that Robinson previously had “constantly ke[pt] threatening [another person] about killing her[,]” and that “[h]e’s always . . . taking her in the middle of nowhere putting a gun to her head and throat and telling her what he would do to her.” The Court of Appeals found that this “evidence . . . tends to persuade the jury that, because Robinson was violent with [this other person] . . . , he was more likely to have been violent with [the victim] on November 30, 2005, and – by extension he was more likely to have been guilty of the allegations against him.” The evidence clearly was inadmissible under Rule 404(b). Therefore, its admission was outside the boundaries of the circuit court’s discretion. The Court of Appeals reasoned that the admission of the evidence was harmless error because Robinson’s subsequent testimony cured the error. Based upon the admission of this evidence, however, Robinson was presented with the options of either taking the witness stand in an attempt to mitigate the prejudice caused, or foregoing that right and permitting the jury’s consideration of such evidence without response. Subsequent testimony does not cure this error. Therefore, the circuit court’s admission of such evidence constituted an abuse of discretion. |
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