Clark v. State
| Docket Number: | 2003-KA-02611-COA Linked Case(s): 2003-CT-02611-SCT ; 2003-KA-02611-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-21-2006 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault with weapon - Admission of knife - M.R.E. 401 - Pending civil suit - State of mind - Self-defense instruction Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes and Ishee, JJ. Non Participating Judge(s): Southwick and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-30-2003 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: CONVICTED OF AGGRAVATED ASSAULT WITH WEAPON AND SENTENCED TO SERVE TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AS A HABITUAL OFFENDER. Case Number: 02-0-926WSY |
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| Note: | The appellant's motion for rehearing is denied. The previous opinion is withdrawn and this opinion is substituted. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Charles L. Clark |
THOMAS M. FORTNER, LYNN WATKINS |
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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 with weapon - Admission of knife - M.R.E. 401 - Pending civil suit - State of mind - Self-defense instruction |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. Charles Clark was convicted of aggravated assault with weapon and was sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Admission of knife Clark argues that the court erred by admitting a second knife into evidence, because the testimony did not establish that the second knife was involved in the assault and the knife was not relevant. Under M.R.E. 401, relevant evidence is broadly defined in favor of admissibility. The record proves that the second knife was indeed relevant. A witness testified that after Clark stabbed his victim with the butcher knife, Clark tried to stab him with a different knife. Also, the police found Clark with the second knife in his hands. Issue 2: Pending civil suit Clark argues that it was error for the court to exclude testimony regarding the pending civil suit between one of the witnesses and Gateway Rescue Mission, because it would have supported his self-defense theory. Clark fails to specify how such bias would have been proven and how such evidence was relevant. Even at trial, Clark’s counsel did not offer a proffer detailing how such evidence would be relevant to Clark’s defense. In addition, Clark was not prevented from testifying regarding the alleged bias of the prosecution’s witnesses. Issue 3: State of mind Clark argues that the court erred in excluding a portion of his testimony, because it proved his state of mind, i.e., that he was acting in self-defense, at the time of the attack. However, the record shows that Clark testified regarding such fears on both direct and cross-examination. Furthermore, the prosecution offered evidence regarding Clark’s alleged fears. Issue 4: Self-defense instruction Clark argues that the court erred in refusing his self-defense instruction. Each party has the right to have his theory of the case presented to the jury by instructions, provided that there is credible evidence that supports that theory. Here, the jury was properly and fully instructed as to Clark’s self-defense theory by another jury instruction. Clark’s instruction was repetitious. |
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