Hammons v. State
| Docket Number: | 2004-KA-00585-SCT Linked Case(s): 2004-KA-00585-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 08-18-2005 Opinion Author: Randolph, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Capital murder - Impeachment by prior conviction - M.R.E. 609(a)(1)(A) - M.R.E. 403 - Statement - Miranda warnings Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Concur in Part, Dissent in Part 1: Graves, J., Without Separate Written Opinion Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-05-2004 Appealed from: Harrison County Circuit Court Judge: Robert H. Walker Disposition: Conviction of Capital Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, without hope of parole or probation District Attorney: CONO CARANNA Case Number: B2401-03-555 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Justin Dale Hammons |
JIM DAVIS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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: | Capital murder - Impeachment by prior conviction - M.R.E. 609(a)(1)(A) - M.R.E. 403 - Statement - Miranda warnings |
| Summary of the Facts: | Justin Hammons was found guilty of capital murder and sentenced to life imprisonment without the possibility of parole. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Impeachment by prior conviction Before trial, the State sought through a motion in limine to prevent the defense from using the prior convictions of a prosecution witness for impeachment purposes. Hammons argues it was error for the court to prevent the defense from using a recent grand larceny conviction to impeach the witness. The requirements of M.R.E. 609(a)(1)(A) were met and the court erred in excluding evidence of the witness’s prior conviction. The witness was a nonparty witness and was previously convicted of grand larceny, which is punishable by imprisonment in excess of one year. To be admissible, this evidence must satisfy the guidelines of M.R.E. 403, i.e., the prior felony conviction may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. In this case, the probative value of this evidence was not substantially outweighed by the danger of unfair prejudice. Although the court did err in excluding the prior grand larceny conviction from evidence, this error was harmless. Error is reversible only where it is of such magnitude as to leave no doubt that the appellant was unduly prejudiced. In light of the overwhelming evidence against Hammons, the court’s error was harmless. Issue 2: Statement Hammons argues that the statement he made during the booking process was made without Miranda warnings and should have been inadmissible. Whether Hammons’s Miranda rights were violated depends on whether he was in custody and being interrogated. A person's Miranda rights are not triggered by general on-the-scene questioning and/or any voluntary statement. Here, the State presented ample evidence that the statement made by Hammons was voluntary and was not in response to express questioning or its functional equivalent. Hammons was not being asked any questions. He was simply present in the booking room and voluntarily responded to a question that was posed to one officer to another officer. Hammons independently volunteered the information that he had only shot one person, without compulsion or coercion. |
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