Thornton v. State
| Docket Number: | 2003-KA-00119-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-23-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Limiting cross-examination Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, 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: 01-16-2003 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO SERVE A TERM OF TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: Mark Sheldon Duncan Case Number: 02-CR-070-LE-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Hattie Sue Thornton |
WILLIAM MITCHELL MORAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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 - Limiting cross-examination |
| Summary of the Facts: | Hattie Thornton was convicted of aggravated assault and sentenced to ten years. She appeals. |
| Summary of Opinion Analysis: | Thornton argues that she should have been allowed to cross-examine two witnesses as to their alleged past drug use. The record shows that Thornton was allowed to ask the two about drug use on the night in question, and the testimony indicated that they had not used drugs on the night in question nor on any other occasion for several years. Thus, not all questioning about drug use was forbidden. The court has discretion to limit cross examination to relevant matters. Thus, there was no abuse of discretion in the court’s conclusion that the subject of alleged past drug use was irrelevant. Even if Thornton had been allowed to show that the witness used drugs in the past, that fact alone could not have justified or lessened the seriousness of her actions. |
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