McFadden v. State
| Docket Number: | 2004-KA-01306-COA Linked Case(s): 2004-KA-01306-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-07-2006 Opinion Author: Chandler, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Murder - Funds for expert - Continuance Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Roberts, JJ. Non Participating Judge(s): Southwick, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-11-2004 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: CONVICTION OF MURDER AND SENTENCED TO A TERM OF LIFE IMPRISONMENT IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Mark Sheldon Duncan Case Number: 04-CR-034-LE-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Rufus Darwn McFadden, II |
WILLIAM MITCHELL MORAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. DANIEL HINCHCLIFF |
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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: | Murder - Funds for expert - Continuance |
| Summary of the Facts: | Rufus McFadden, II, was convicted of murder and sentenced to life. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Funds for expert McFadden intended to call an associate professor of neurosurgery at UMC as an expert. McFadden requested that the expert be paid at the county’s expense, claiming that he did not have the funds to hire him. The circuit court held that McFadden had demonstrated his ability to obtain the funds to hire an expert witness because he had the funds to hire privately retained counsel and that McFadden had failed to demonstrate that the expert witness was necessary for his defense. McFadden argues this was error. In determining whether a defendant was prejudiced by the denial of expert assistance, factors to be considered include whether and to what degree the defendant had access to the State’s experts, whether the defendant had the opportunity to cross-examine those experts, and lack of prejudice or incompetence of the State’s experts. Here, McFadden’s counsel cross-examined the State’s expert and stipulated that the expert was qualified to testify as a forensic pathologist. The State’s case against McFadden was not highly dependent on the expert’s conclusion that McFadden intended to kill the victim. McFadden admitted that he shook a two-year-old girl so hard that she flew from his hands and hit the television. He also admitted that he was the only person who could have effected her death. Therefore, even if McFadden had produced an expert to testify that the cause of death was shaken baby syndrome or suffocation, McFadden would remain guilty of depraved heart murder. Therefore, there was no abuse of discretion in the trial court's denial of funds for an expert. Issue 2: Continuance McFadden argues that his attorney was not given adequate time to review the discovery materials, prepare for trial, and consult with an independent medical expert. A denial of a continuance will not be reversed unless there is a showing of manifest injustice. McFadden’s attorney was hired in January and attended McFadden’s habeas corpus hearing in March. On the day of the trial, the attorney announced that he was ready. Thus, the court did not abuse its discretion in denying a continuance. |
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