Yankton v. State
| Docket Number: | 2009-KA-01075-COA Linked Case(s): 2009-KA-01075-COA ; 2009-CT-01075-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 02-08-2011 Opinion Author: Lee, P.J. Holding: Affirmed. |
|
| Additional Case Information: |
Topic: Aggravated domestic violence - Prior bad acts - M.R.E. 403 Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 04-29-2009 Appealed from: FORREST COUNTY CIRCUIT COURT Judge: ROBERT HELFRICH Disposition: CONVICTED OF AGGRAVATED DOMESTIC VIOLENCE AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: JON MARK WEATHERS Case Number: 08-016CR |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Lavon Yankton a/k/a Lavan Yankton a/k/a Johnny Taylor |
W. DANIEL HINCHCLIFF |
|
|
| 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. |
|
| Topic: | Aggravated domestic violence - Prior bad acts - M.R.E. 403 |
| Summary of the Facts: | Lavon Yankton was convicted of aggravated domestic violence and sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Yankton argues that the trial court erred in allowing evidence of prior bad acts. Specifically, Yankton argues that it was error to admit his wife’s testimony that Yankton had previously assaulted her. It is clear that Yankton’s counsel opened the door to the issue of prior instances of domestic abuse. On redirect, the State was then allowed to question Yankton about a previous instance of domestic abuse. Furthermore, the burden was on Yankton to request a balancing test pursuant to M.R.E. 403 to determine whether this evidence should have been excluded. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
