Burnside v. State
| Docket Number: | 2003-KA-01609-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-09-2004 Opinion Author: Easley, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Simple assault on officer - Admission of flashlight - M.R.E. 901(a) - Ineffective assistance of counsel Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-10-2003 Appealed from: Neshoba County Circuit Court Judge: Marcus D. Gordon Disposition: Convicted of simple assault on a law enforcement officer. District Attorney: Ken Turner Case Number: 03-CR-0016-NS-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | James C. Burnside |
EDMUND J. PHILLIPS, SR. |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: 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: | Simple assault on officer - Admission of flashlight - M.R.E. 901(a) - Ineffective assistance of counsel |
| Summary of the Facts: | James Burnside was convicted of simple assault on an officer and sentenced to four and a half years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Admission of flashlight Burnside argues that the court erred in admitting a flashlight as being exactly like one that the officer had the night of the incident. M.R.E. 901(a) provides that the requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. The court admitted the flashlight as being exactly like the officer’s flashlight used in the altercation. The flashlight was not offered as the flashlight actually used. In addition, the evidence is sufficient to support the conviction without the flashlight. Issue 2: Ineffective assistance of counsel Burnside argues that his trial counsel offered ineffective assistance of counsel by failing to request a self-defense jury instruction. As Burnside denied at trial that he assaulted the officer in any way, a jury instruction on self-defense was not supported by the record. Thus, his trial counsel's performance was not deficient. |
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