Smith v. State


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Docket Number: 2005-KA-01916-COA

Court of Appeals: Opinion Link
Opinion Date: 09-12-2006
Opinion Author: Southwick, J.
Holding: Affirmed

Additional Case Information: Topic: Capital murder - Admission of knife - M.R.E. 401 - M.R.E. 403
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 09-29-2005
Appealed from: Panola County Circuit Court
Judge: Ann H. Lamar
Disposition: CONVICTION OF CAPITAL MURDER AND SENTENCE TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT POSSIBILITY OF PAROLE
District Attorney: JOHN W. CHAMPION
Case Number: CR-2004-202-LP2

  Party Name: Attorney Name:  
Appellant: Demetrius Smith




DAVID CLAY VANDERBURG



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS  

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Topic: Capital murder - Admission of knife - M.R.E. 401 - M.R.E. 403

Summary of the Facts: Demetrius Smith was convicted of capital murder and sentenced to life in prison without the possibility of parole. He appeals.

Summary of Opinion Analysis: Smith argues that the court erred in allowing a knife to be admitted into evidence, because the knife is irrelevant because it was never connected to the victim’s abduction and murder. Under M.R.E. 401, evidence is relevant if it has any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. The evidence may be excluded under M.R.E. 403 if its probative value is substantially outweighed by the danger of unfair prejudice. The knife, to have relevance, needs to have evidentiary value on the question of whether Smith was more or less likely to have kidnaped or murdered the victim. Although the probative value of the knife is minimal and added little to the case, the knife itself was not per se inflammatory. It was not especially dangerous in appearance nor was its admission so volatile for other reasons as to stir the jurors’ emotions. Since there was no evidence that a knife was used on the victim, and defense counsel had adequate opportunity to emphasize that fact, there is very little incriminating about the knife. The evidence against Smith largely arose from what was at the victim’s apartment and what was found belonging to the victim within Smith’s car. Since the same result would have occurred had the knife not been admitted into evidence, whether it was properly admitted or not need not be decided.


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