Carpenter v. State


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Docket Number: 2003-KA-02609-SCT

Supreme Court: Opinion Link
Opinion Date: 02-17-2005
Opinion Author: Dickinson, J.
Holding: Reversed and Remanded

Additional Case Information: Topic: Burglary of business - Prejudicial testimony - Closing argument
Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Randolph, JJ.
Non Participating Judge(s): Diaz, J.
Dissenting Author : Easley, J.
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 08-07-2003
Appealed from: Hinds County Circuit Court
Judge: W. Swan Yerger
Case Number: 02-0-995

  Party Name: Attorney Name:  
Appellant: Vernell Carpenter








 

Appellee: State of Mississippi  

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Topic: Burglary of business - Prejudicial testimony - Closing argument

Summary of the Facts: Vernell Carpenter was convicted of burglary of a business and sentenced to seven years. He appeals.

Summary of Opinion Analysis: Carpenter argues that the court erred by allowing testimony of the arresting officer after granting Carpenter’s motion to suppress when the court found that Carpenter’s constitutional rights were violated because the officer questioned Carpenter before advising him of his Miranda rights. Carpenter argues that the court destroyed his chance of receiving a fair and impartial trial by refusing to allow his counsel to approach the bench and by failing to admonish the jury after the inadmissible statement was heard by the jury. The court was correct in granting the motion to suppress concerning Carpenter’s statement that he and his friend broke into the business. Therefore, the identification by the officer was unquestionably prejudicial. There was no physical evidence linking Carpenter to the burglary. However, there was physical evidence connecting Carpenter’s friend to the crime. The State was unable to establish any connection between Carpenter and his friend, except through inadmissible testimony. Although defense counsel was examining the witness, he did not invite the testimony and in fact, tried to prevent it. Therefore, the trial court’s refusal to stop the testimony, refusal to uphold its prior ruling, failure to grant a mistrial, and failure to admonish the jury to disregard any of the statements amount to an abuse of discretion. Carpenter also argues that it was error to allow the prosecutor to argue to the jury in closing argument the very point the trial court had already deemed inadmissible. The prosecutor’s reference in closing argument to the identification simply amplified the error and its prejudicial effect.


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