Brown v. State


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Docket Number: 2002-KA-01667-COA
Linked Case(s): 2002-CT-01667-SCT ; 2002-KA-01667-COA

Court of Appeals: Opinion Link
Opinion Date: 11-25-2003
Opinion Author: King, P.J.
Holding: Affirmed

Additional Case Information: Topic: Armed robbery - Hearsay - Statement against interest - M.R.E. 804(b)(3) - Ineffective assistance of counsel
Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 07-22-1999
Appealed from: Rankin County Circuit Court
Judge: John Kitchens
Disposition: ARMED ROBBERY - SENTENCED TO SERVE A TERM OF 40 YEARS IN THE CUSTODY OF MDOC DAY FOR DAY.
District Attorney: Rick Mitchell
Case Number: 11056

  Party Name: Attorney Name:  
Appellant: Chaddrick Brown




DAN W. DUGGAN



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS  

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Topic: Armed robbery - Hearsay - Statement against interest - M.R.E. 804(b)(3) - Ineffective assistance of counsel

Summary of the Facts: Chaddrick Brown was found guilty of armed robbery and was sentenced to forty years. He appeals.

Summary of Opinion Analysis: Issue 1: Hearsay Brown argues that the court erred when it allowed hearsay testimony to be admitted into evidence. The testimony of which Brown complains may generally be described as an officer’s detailing of the actions taken in his investigation and the reasons for those actions. A police officer may testify that he received a complaint, and the action which he took as a result of that complaint. Although some of the officer’s testimony was hearsay, any error in allowing it was harmless since another witness subsequently testified to the same information and his testimony was admissible as a statement against interest under M.R.E. 804(b)(3). Issue 2: Ineffective assistance of counsel Brown argues that he received ineffective assistance, because defense counsel should have objected to the admission of information of Brown's prior incarceration. The information of which Brown complains was not sought from Brown, but rather was volunteered by him. Therefore, there is no error.


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