Hall v. State
| Docket Number: | 2008-KA-01719-COA | |
| Oral Argument: | 03-31-2010 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-29-2010 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Manslaughter - Hearsay - Present sense impression - M.R.E. 803(1) - State of mind - M.R.E. 803(3) - Peremptory instruction - Weathersby rule - Circumstantial evidence instruction Judge(s) Concurring: King, C.J., Myers, P.J., Griffis, Ishee and Roberts, JJ. Non Participating Judge(s): Carlton, J. Concur in Part, Concur in Result 1: Maxwell, J. Concurs in Result Only: Irving and Barnes, JJ. 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 MANSLAUGHTER AND SENTENCED TO EIGHTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Mark Sheldon Duncan Case Number: 08-CR-018-LE G |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Archie Hall |
EDMUND J. PHILLIPS JR. |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. | ||
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| Topic: | Manslaughter - Hearsay - Present sense impression - M.R.E. 803(1) - State of mind - M.R.E. 803(3) - Peremptory instruction - Weathersby rule - Circumstantial evidence instruction |
| Summary of the Facts: | Archie Hall was convicted of manslaughter and was sentenced to eighteen years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Hearsay Hall argues that the testimony of a convenience store clerk should have been excluded. She testified that two days prior to her death, the victim came to the store and told her that during a telephone conversation with Hall, he had threatened to kill her over losing some money she had won at a casino. The trial court found that the clerk’s testimony was admissible under M.R.E. 803(1) as a present sense impression. A present sense impression is a statement describing or explaining an event or condition made while the declarant was perceiving the event or condition or immediately thereafter. Since it is unclear from the record when the victim received the allegedly threatening phone call from Hall, her statements to the witness do not fall under the present-sense-impression exception to the hearsay rule. But, the statements do fall under the hearsay exception for then-existing mental condition or state of mind under Rule 803(3). Rule 803(3) has been held to encompass relevant statements made by victims prior to their death. Issue 2: Peremptory instruction Hall argues that the trial court erred in refusing to grant a peremptory instruction. He cites to the Weathersby rule. However, the rule is inapplicable where a defendant’s account of the homicide is unreasonable, contradicted by the physical facts, or where the defendant has given conflicting versions of the homicide. Hall had several different versions of the shooting, all of which conflicted with the physical facts of the case. Furthermore, the victim’s mother testified that the victim stated that Hall had shot her. Issue 3: Circumstantial evidence instruction Hall argues that the trial court erred in refusing a circumstantial-evidence jury instruction. A circumstantial-evidence instruction must be given unless there is some type of direct evidence such as eyewitness testimony, dying declaration, or confession or admission of the accused. The trial court properly refused a circumstantial-evidence instruction because the victim’s statement prior to her death indicated that Hall had shot her, and Hall admitted that he had shot her. |
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