White v. State
| Docket Number: | 2009-KA-01155-SCT Linked Case(s): 2009-KA-01155-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 08-19-2010 Opinion Author: Dickinson, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Possession of firearm by convicted felon - Hearsay - M.R.E. 801(c) - Weight of evidence Judge(s) Concurring: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-18-2009 Appealed from: YALOBUSHA COUNTY CIRCUIT COURT Judge: James McClure, III Disposition: Conviction of possession of a firearm by a convicted felon and sentence of ten (10) years, as a habitual offender, in the custody of the Mississippi Department of Corrections, with conditions. District Attorney: John W. Champion Case Number: CR 2009-4 M (Y1) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Tommy White |
OFFICE OF INDIGENT APPEALS: HUNTER N. AIKENS, LESLIE S. LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY, JR. | ||
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 firearm by convicted felon - Hearsay - M.R.E. 801(c) - Weight of evidence |
| Summary of the Facts: | Tommy White was convicted of possession of a firearm by a convicted felon and sentenced to ten years as a habitual offender. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Hearsay White argues that the trial court committed reversible error in allowing hearsay into evidence. Pursuant to M.R.E. 801(c), hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. Here, testimony from two witnesses regarding a phone call from the sister of one of the witnesses clearly contained hearsay. From their combined testimony, it can be seen that some unidentified person from White’s residence informed the sister about White’s actions and what he intended to do. Because her statements were based on information conveyed to her by some unidentified person, the statements were hearsay within hearsay, which is inadmissable unless each part of the combined statements conforms with one of the numerous exceptions to the rule against hearsay. It was error for the trial judge to allow the hearsay testimony. But the two witnesses both saw “something” sticking out of White’s sleeve. A police officer saw the shotgun in White’s possession and disarmed him. The shotgun was recovered where the struggle between White and the officer took place, and shotgun shells were found on White’s person. Given the weight of this considerable evidence that White had possessed a firearm, the trial judge’s error was harmless. Issue 2: Weight of evidence There is no dispute that White was a convicted felon. The sole issue at trial was whether White was in possession of a firearm. The State produced ample evidence on this issue. The police officer testified that he saw the shotgun in White’s possession, disarmed him, and recovered the gun. Thus, the verdict is not so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice. |
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