Jasper v. State
| Docket Number: | 2002-CT-00317-SCT Linked Case(s): 2002-CT-00317-SCT ; 2002-CT-00317-SCT ; 2002-KA-00317-COA ; 2002-KA-00317-COA |
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| Supreme Court: | Opinion Link Opinion Date: 04-29-2004 Opinion Author: Smith, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Felony shoplifting - Statement during plea negotiations - M.R.E. 410(4) Judge(s) Concurring: Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. Non Participating Judge(s): Diaz and Randolph, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-18-2002 Appealed from: Wayne County Circuit Court Judge: Robert Bailey Disposition: FELONY SHOPLIFTING: DEFENDANT SENTENCED AS AN HABITUAL OFFENDER UNDER 99-19-81 TO SERVE FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, AND $1,000 FINE. District Attorney: Bilbo Mitchell Case Number: 01-132-K |
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| Note: | The Supreme Court affirmed the Court of Appeals and the trial court. Motion to Stay/Set Aside Mandate Pending Decision on Petition for Writ of Certiorari filed by counsel for Steve Jasper is hereby granted. The mandate, issued on November 18, 2003, is hereby recalled. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Steve Jasper |
LESLIE D. ROUSSELL |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: 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: | Felony shoplifting - Statement during plea negotiations - M.R.E. 410(4) |
| Summary of the Facts: | Steve Jasper was convicted of felony shoplifting and sentenced as a habitual offender to five years. He appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | At trial, the State called a deputy to testify that he heard Jasper say that the air conditioner that he had stolen was not worth more than $250. Jasper objected to this testimony because the comment was overheard during plea negotiations, at a time when the deputy’s presence was not known or expected. A statement made during plea negotiations is privileged and its admission is prohibited by M.R.E. 410(4). The testimony of both Jasper and the deputy indicates that both men believed that the parties were engaged in plea negotiations at the time the remark was overheard. Therefore, the court erred in allowing the deputy to testify about what he overheard. However, because the evidence was sufficient for conviction without that testimony, the error is harmless. |
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