Robinson v. State
| Docket Number: | 2005-KA-01676-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 10-19-2006 Opinion Author: Smith, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault & Conspiracy to commit murder - Hearsay - Personal knowledge - M.R.E. 602 - Limiting instruction - Weight of evidence Judge(s) Concurring: Waller, P.J., Diaz, Easley, Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Cobb, P.J. Dissenting Author : Graves, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-03-2005 Appealed from: Coahoma County Circuit Court Judge: Al Smith Disposition: Robinson was sentenced to two life sentences as a habitual offender. District Attorney: Laurence Y. Mellen Case Number: 2004-0191 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Lorenzo Robinson a/k/a Tymoochie |
ALLAN D. SHACKELFORD |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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: | Aggravated assault & Conspiracy to commit murder - Hearsay - Personal knowledge - M.R.E. 602 - Limiting instruction - Weight of evidence |
| Summary of the Facts: | Lorenzo Robinson was convicted of aggravated assault and conspiracy to commit murder. He was sentenced to two life sentences as a habitual offender. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Hearsay Robinson argues that certain testimony regarding Robinson’s connection to gang activity was inadmissible because this testimony given by the State’s witness constituted hearsay and did not meet M.R.E. 602's requirement that the witness have “personal knowledge” of the matter. Under M.R.E. 602, a witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the matter. Evidence to prove personal knowledge need not consist of the testimony of the witness himself. As long as any evidence is introduced to sufficiently prove the witness's personal knowledge, the witness may testify to that matter. The Supreme Court has found that “personal knowledge” could include evidence used as a basis for inferring gang affiliation. Here, the testimony sufficiently met the “personal knowledge” requirement of M.R.E. 602 as the witness testified to knowledge he received through personal interviews with the parties involved in the shooting incident and others in the local community, as well as knowledge gained through his personal observations during his many years in law enforcement. Issue 2: Limiting instruction Robinson argues that he was entitled to a limiting instruction with regard to the testimony of the State’s witness who after testifying that she knew nothing of Robinson’s involvement with a local gang, was asked whether she had previously stated that she was familiar with Robinson’s gang connections. The admission of the witness’s previous statement did not affect a substantial right of Robinson to a fair trial as the record shows this statement was not the only evidence of his gang involvement. Even assuming this statement should have been admitted for impeachment purposes only, the trial court’s error in denying the limiting instruction was harmless. Issue 3: Weight of evidence Robinson argues that the jury’s verdict was not supported by the weight of the evidence. There was credible eyewitness evidence in support of Robinson’s aggravated assault conviction. In addition, there was credible eyewitness testimony to the victim’s murder which corroborates testimony regarding the agreement between Robinson and another man to “take care” of Robinson’s upcoming trial for the assault. |
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