Davis v. State
| Docket Number: | 2009-KA-00805-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 08-05-2010 Opinion Author: Graves, P.J. Holding: Affirmed. |
|
| Additional Case Information: |
Topic: Attempted armed robbery - Other crimes' evidence - M.R.E. 404(b) - M.R.E. 403 - M.R.E. 402 Judge(s) Concurring: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Concurs in Result Only: Dickinson, J., without separate written opinion. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 04-21-2009 Appealed from: LEFLORE COUNTY CIRCUIT COURT Judge: Richard Smith Disposition: Count I: Conviction of attempted armed robbery and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with ten (10) years to be served, followed by ten (10) years of post-release supervision, with five (5) years supervised and five (5) years unsupervised, with conditions. District Attorney: Willie Dewayne Richardson Case Number: 2008-0035 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Marcus Davis |
OFFICE OF INDIGENT APPEALS: BENJAMIN ALLEN SUBER, LESLIE S. LEE |
|
|
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT | ||
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. |
|
| Topic: | Attempted armed robbery - Other crimes' evidence - M.R.E. 404(b) - M.R.E. 403 - M.R.E. 402 |
| Summary of the Facts: | Marcus Davis was convicted of attempted armed robbery and sentenced to twenty years, with ten years to be served, followed by ten years of post-release supervision, with five years supervised and five years unsupervised. He appeals. |
| Summary of Opinion Analysis: | Davis argues that the trial court abused its discretion in admitting testimony regarding a December 2006 unsolved armed robbery of the same Dollar Tree store, because the evidence was not relevant under M.R.E. 404(b) and was more prejudicial than probative under M.R.E. 403. M.R.E. 402 requires that evidence be relevant and provides that all relevant evidence is generally admissible. Rule 403 provides that relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or waste of time. evidence of other crimes may be admissible under M.R.E. 404(b) as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Here, the evidence regarding the December 2006 unsolved armed robbery of the same Dollar Tree store was relevant to proving Davis’s intent, and further, was not admitted to prove Davis’s character to show that he acted in conformity therewith. Introducing evidence of Davis’s involvement in the December 2006 robbery was necessary for the State to tell a rational and coherent story of what happened. Introducing evidence of the December 2006 robbery was necessary to explain to the jury how a witness came to be involved in the attempted robbery. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
