Gordon v. State
| Docket Number: | 2010-KA-01974-COA | |
| 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: Aggravated assault - Sufficiency of evidence - Hearsay - M.R.E. 801(d)(1)(B) - M.R.E. 801(d)(2)(E) Judge(s) Concurring: Irving and Griffis, P.JJ., Ishee, Roberts, Carlton and Russell, JJ. Non Participating Judge(s): Myers, J. Concur in Part, Concur in Result 1: Barnes and Maxwell, JJ., concur in part and in the result without separate written opinion Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-22-2010 Appealed from: Holmes County Circuit Court Judge: Jannie M. Lewis Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Steven E. Waldrup Case Number: 09-12242 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tyrone Gordon |
GEORGE T. HOLMES |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
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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 - Sufficiency of evidence - Hearsay - M.R.E. 801(d)(1)(B) - M.R.E. 801(d)(2)(E) |
| Summary of the Facts: | Tyrone Gordon was convicted of aggravated assault and sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Gordon argues that the evidence did not support the verdict because the testimony against him was contradictory and came from accessories with motives to lie. He argues that inconsistencies in the testimonies of three witnesses when compared with their prior statements to the police were enough to grant a directed verdict in his favor. However, the witnesses were cross-examined on the discrepancies in their testimonies. The jury was made well aware that two of the witnesses admitted that they had initially lied about their involvement and that they had received favorable sentences partly in exchange for their testimonies against Gordon. It is the jury that determines the weight of the testimony and the credibility of the witnesses at trial. Viewing the evidence in the light most favorable to the State, the jury could have found the elements of aggravated assault beyond a reasonable doubt. Issue 2: Hearsay Gordon argues that the testimony of Captain Sam Chambers of the Holmes County Sheriff’s Department was unnecessary and inadmissible hearsay. Captain Chambers interviewed two eyewitnesses concerning the shooting. At trial, Captain Chambers was asked to summarize their statements. M.R.E. 801(d)(1)(B) states that a statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is consistent with the declarant’s testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive. Admission of a prior consistent statement of a witness where the veracity of the witness has been attacked is proper but should be received by the court with great caution and only for the purpose of rebuttal so as to enable the jury to make a correct appraisal of the credibility of the witness. Captain Chambers’s testimony does not fall under M.R.E. 801(d)(2)(E) as a statement made by a co-conspirator because this section requires the statement to have been made “during the course and in furtherance of the conspiracy.” However, Captain Chambers’s testimony was consistent with the witnesses’ testimonies at trial, and it rebutted previous fabrications made by both witnesses. Both witnesses had already testified, and their credibility was attacked on cross-examination. Thus, the captain’s testimony was properly admitted as it was not hearsay. |
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