Lewis v. State
| Docket Number: | 2003-KA-01959-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-16-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Manslaughter & Aggravated assault - Photographs - Closing argument - Cruel and unusual punishment Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis and Ishee, JJ. Non Participating Judge(s): Barnes, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-22-2003 Appealed from: Lee County Circuit Court Judge: Thomas J. Gardner Disposition: CONVICTION OF COUNT I, MANSLAUGHTER AND SENTENCE OF TWENTY YEARS; COUNT II, AGGRAVATED ASSAULT AND SENTENCE OF TWENTY YEARS - SENTENCES ARE TO RUN CONSECUTIVELY IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS Case Number: CR02-880 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Larry Keith Lewis |
WILLIAM WAYNE HOUSLEY
WILLIAM D. MASSEY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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: | Manslaughter & Aggravated assault - Photographs - Closing argument - Cruel and unusual punishment |
| Summary of the Facts: | Lewis was found guilty of manslaughter and of aggravated assault. He was sentenced to imprisonment for two twenty-year terms which are to run consecutively. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Photographs Lewis argues that the court erred by admitting photographs of the deceased taken both at the crime scene and during the autopsy. Photographs have evidentiary value where they aid in describing the circumstances of the killing and the corpus delicti; describe the location of the body and cause of death; and supplement or clarify witness testimony. Here, the crime scene photograph aids in describing the circumstances surrounding the crime. The autopsy photographs clarify the testimony of the State’s expert witness and aids the jury in understanding the location of the wounds to which he testified. Therefore, the judge did not abuse his discretion by allowing these photographs in as evidence. Lewis also argues that the court erred in allowing photographs of the victim and her parents. Lewis’s argument that the pictures were admitted in violation of Rule 403 was not raised at trial and is therefore procedurally barred. It appears from the record that the introduction of this evidence was relevant, in that it gave insight to the jury of the victim’s life prior to this tragedy. Issue 2: Closing argument Lewis argues that the prosecutor’s use of a cellular telephone during closing arguments resulted in reversible error. He also argues that the State’s reference to defense counsels’s competence appealed to the jury’s baser instincts, passions, and prejudices. He also argues that the prosecutor should not have made a remark regarding the defendant’s state of mind. Attorneys are given wide latitude during closing arguments. As the record does not indicate that any prejudice occurred from any of the prosecutor’s comments, especially in light of the jury’s verdict of manslaughter rather than murder, it cannot be stated that the judge abused his discretion in overruling any of the defense’s objections during the prosecutor’s closing argument. Issue 3: Cruel and unusual punishment Lewis argues that by imposing two consecutive twenty-year sentences, which is equivalent to a forty-year sentence, the State has imposed a sentence which is cruel and/or unusual punishment. The general rule is that a sentence will not be disturbed on appeal so long as it does not exceed the maximum term allowed by statute. Although the punishment given was the maximum allowed by statute, it was within the permissible statutory guidelines. |
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