Smith v. State
| Docket Number: | 2003-KA-01311-COA Linked Case(s): 2003-CT-01311-SCT ; 2003-KA-01311-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-30-2004 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Admission of evidence - M.R.E. 401 - Closing arguments - Weight of evidence Judge(s) Concurring: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ. Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-05-2003 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: MURDER: SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Eleanor Faye Peterson Case Number: 99-1-077 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Albert Smith |
THOMAS M. FORTNER
MICHAEL KNAPP
LYNN WATKINS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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: | Murder - Admission of evidence - M.R.E. 401 - Closing arguments - Weight of evidence |
| Summary of the Facts: | Greg Smith was convicted of murder. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Admission of evidence Smith argues that the court erred in excluding both his and his wife's testimony regarding a drive-by shooting at the Smith home in 1994, because there was no one else on trial to whom the unfair prejudice could be claimed and the testimony would not lead to confusion of the issues. Under M.R.E. 401, relevant evidence is evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. The shooting occurred some four years after the drive-by. Furthermore, neither Smith nor his wife knew the identity of the individuals involved in the drive-by. Although this information may shed light on why Smith owned the gun, it has little relevance as to why Smith approached the victim, who was not associated with the drive-by shooting. Issue 2: Closing arguments Smith cites seven instances of misconduct by the State in its closing argument, including references to the victim's family and their attendance at the trial, the State's actions as the "last voice" for the victim, references to the victim's last thoughts, and the grief of the victim's family members. While the State pushed the limits of acceptable argument in its closing statements, the court alleviated any prejudice in properly sustaining the objections of counsel and admonishing the jury. Issue 3: Weight of evidence Smith argues that the verdict is against the weight of evidence. The testimony of the witnesses to the shooting, as well as the autopsy results, support the verdict. |
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