Parks v. State
| Docket Number: | 2004-KA-02448-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-25-2006 Opinion Author: Waller, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Sufficiency of evidence - Mistrial - Adverse witness - M.R.E. 611(c) Judge(s) Concurring: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves and Dickinson, JJ. Non Participating Judge(s): Diaz and Randolph, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-01-2004 Appealed from: Washington County Circuit Court Judge: W. Ashley Hines Disposition: Appellant was convicted of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections. District Attorney: Joyce Ivy Chiles Case Number: 2004-155 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kevine Dale Parks |
WAYNE O. LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOSE B. SIMO |
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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 - Sufficiency of evidence - Mistrial - Adverse witness - M.R.E. 611(c) |
| Summary of the Facts: | Kevine Parks was convicted of aggravated assault and sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Parks argues that he should have been convicted of simple assault instead of aggravated assault, because he used no deadly weapon in the commission of his assault on the victim. A violent and aggravated assault with one’s fist may be encompassed by the statutory words of section 97-3-7(2)(b) “or other means likely to produce death or serious bodily harm.” This holds true even if one’s hands cannot be said to constitute a deadly weapon. The victim gave a compelling account of the events surrounding her abduction and assault; medical officials verified that the victim had indeed been ferociously assaulted; and other witnesses were able to place Parks in the presence of the victim during the time she received her injuries. Thus, a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Issue 2: Mistrial Parks argues that the court erred in denying his motion for a mistrial, because a witness testified that the “considerable force” used to inflict the victim’s injuries would be enough to possibly cause death. The trial court must declare a mistrial when there is an error in the proceedings resulting in substantial and irreparable prejudice to the defendant's case. While the comments of the witness may be of some concern, the circuit court judge took the appropriate steps to ensure that the witness’s comments would not be considered by the jury when he issued a cautionary instruction to the jury to disregard part of the witness’s testimony. Generally, a judge’s directions to a jury to disregard the comments of a witness will sufficiently alleviate the prejudicial effects of such comments. Issue 3: Adverse witness Parks argues that the court erred when it allowed the State to call a witness as an adverse witness because the witness was neither qualified as an adverse witness, nor did the State tender him as an adverse witness. When determining whether a witness is identified with an adverse party for purposes of allowing leading questions under M.R.E. 611(c), the court should determine from the facts and circumstances of the case whether the witness proposed to be called is one who is identified with the adverse party within the meaning and contemplation of the rule. The witness was Parks’ cousin and had some minimal involvement in the events leading to the present case. These two factors alone could easily place the witness in the category of a witness identified with an adverse party. |
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