Foxworth v. State
| Docket Number: | 2010-KA-00243-COA Linked Case(s): 2010-KA-00243-COA ; 2010-CT-00243-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-13-2011 Opinion Author: Lee, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Capital murder - Co-indictee’s guilty plea - Continuance Judge(s) Concurring: Irving and Griffis, P.JJ., Ishee, Roberts and Russell, JJ. Judge(s) Concurring Separately: Maxwell, J., specially concurs with separate written opinion joined by Barnes and Carlton, JJ. Non Participating Judge(s): Myers, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-16-2007 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: CONVICTED OF CAPITAL MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT THE POSSIBILITY OF PAROLE District Attorney: Cono A. Caranna, II Case Number: B2402-2006-167 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jason Bernard Foxworth a/k/a Jason Benard Foxworth |
KEITH PISARICH |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND | ||
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 - Co-indictee’s guilty plea - Continuance |
| Summary of the Facts: | Jason Foxworth was found guilty of capital murder and was sentenced to life without the possibility of parole. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Co-indictee’s guilty plea Prior to Foxworth’s trial, the co-indictee pleaded guilty to a reduced charge of armed robbery and was sentenced to twenty years. He testified at Foxworth’s trial. Foxworth argues that reversible error occurred when the State told the jury in its opening statement that the co-indictee had pleaded guilty to armed robbery in the same crime. Foxworth is correct that evidence of a co-defendant’s guilty plea or conviction is generally inadmissible because such plea of guilty or conviction is no evidence of the guilt of the party being tried. However, the State mentioned the guilty plea in its opening statement long before the co-indictee’s credibility was attacked. Opening statements are not evidence. Also, the trial court instructed the State to refrain from questioning the co-indictee about the guilty plea on direct examination. The State complied, and the co-indictee’s guilty plea was not discussed further during the trial. Foxworth failed to show how he was prejudiced by the comments made during the opening statement. Issue 2: Continuance On November 2, 2007, and November 9, 2007, Foxworth filed motions to continue his trial, which was scheduled for November 13, 2007. In his second motion, Foxworth argued he needed additional time to prepare for trial as he had “only recently received additional discovery from the prosecution including the autopsy report, audio tapes[,] and photographs.” There is no evidence that Foxworth did not receive the autopsy report in a timely manner. Even if Foxworth first received the autopsy report on November 9, this still gave him until November 13 to review the report. Further, the victim’s manner of death was not disputed by the parties, and Foxworth did not argue any prejudice regarding when he received the autopsy report. Since there has been no showing of manifest injustice, the court did not err in denying the continuances. |
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