Miller v. State
| Docket Number: | 2005-KA-00566-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-17-2007 Opinion Author: Randolph, J. Holding: Reversed and Remanded |
|
| Additional Case Information: |
Topic: Manslaughter - Right to speedy trial - Denial of fair trial - Continuing violence by victim - M.R.E. 404(a)(2) Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves and Dickinson, JJ., Concur. Dissenting Author : Easley, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 02-11-2005 Appealed from: Washington County Circuit Court Judge: W. Ashley Hines Disposition: Tabitha Yolanda Miller was convicted of manslaughter and sentenced to twenty years in the custody of the Mississippi Department of Corrections. District Attorney: Joyce Ivy Chiles Case Number: 2001-178 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Tabitha Yolanda Miller a/k/a Tab |
CAROL L. WHITE-RICHARD
PHILLIP BROADHEAD |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL |
|
|
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: | Manslaughter - Right to speedy trial - Denial of fair trial - Continuing violence by victim - M.R.E. 404(a)(2) |
| Summary of the Facts: | Tabitha Miller was convicted of manslaughter and sentenced to twenty years. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Right to speedy trial Miller argues, for the first time, that the delay in her trial violated her statutory and constitutional right to a speedy trial. As this issue is raised for the first time on appeal, the trial court was not afforded the opportunity to conduct an evidentiary hearing and consider evidence and/or testimony regarding the speedy trial issue. Therefore, this issue is dismissed without prejudice. If properly filed, the circuit court is better positioned to assess Miller’s claim of a speedy trial violation under the totality of the circumstances. Issue 2: Denial of fair trial Miller argues that the court committed reversible error by refusing to allow the testimony of the continuing course of violence that the victim inflicted on Miller. M.R.E. 404(a)(2) provides that evidence of a person’s character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except evidence of a pertinent trait of character of the victim of the crime offered by an accused. However, such evidence is not competent until there has first been some evidence that the victim had been the aggressor. In this case, sufficient evidence was adduced to create a jury issue as to whether the victim was the aggressor. There was evidence that the victim had verbally abused and hit Miller before she stabbed him. Where any doubt exists as to who was the aggressor in an incident which results in the death of a participant or where a defendant claims self-defense, evidence of a deceased’s previous threats and harassments against defendant is admissible. This error was not harmless, as it cannot be maintained that the same result would have been reached had the error not existed. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
