Parks v. State
| Docket Number: | 2002-KA-01795-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Taking possession of a motor vehicle - Circumstantial evidence instruction - Inflammatory remark - Admission of knife - Weight of evidence Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-18-2002 Appealed from: DeSoto County Circuit Court Judge: George B. Ready Disposition: UNLAWFUL POSSESSION OF A MOTOR VEHICLE, SENTENCED TO FIVE YEARS, FINE OF $1,000, AND RESTITUTION OF $500 District Attorney: John W. Champion Case Number: CR2001-166-RD |
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| Party Name: | Attorney Name: | |||
| Appellant: | Thomas Wayne Parks |
JOHN D. WATSON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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: | Taking possession of a motor vehicle - Circumstantial evidence instruction - Inflammatory remark - Admission of knife - Weight of evidence |
| Summary of the Facts: | Thomas Parks was convicted of the unlawful taking possession of a motor vehicle. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Circumstantial evidence instruction Parks argues that, because there was no evidence placing him in the vehicle, he was entitled to a circumstantial evidence instruction. Such an instruction is appropriate only when there is no direct evidence linking the defendant to the crime. Parks was shown to have made statements to at least two individuals consistent with a claim of ownership or, at a minimum, the right to possession of the Jeep vehicle. This claim of right of possession which was refuted by the testimony of the true owner of the Jeep is direct evidence implicating Parks in the wrongful appropriation of the vehicle. Issue 2: Inflammatory remark Parks argues that a statement by a prosecution witness that “the night does stick out in my mind because I could have got blasted that night” was prejudicial. The trial court is best positioned to judge the prejudicial impact of objectionable matter that may improperly come before the jury. While there was no evidentiary value in the State’s witness’s declaration, which suggested the possibility that he could have been shot by Parks when there was nothing to suggest that Parks had been armed with a firearm during the incident, the court quickly moved to ensure that the jury understood that the remark was inappropriate and instructed the jury to disregard it. This isolated remark did not do serious and irreparable harm to the fundamental fairness of the trial. Issue 3: Admission of knife Parks argues that the court erred when it permitted the State to introduce into evidence the knife recovered from his person on the night he was arrested. However, the court was acting within the range of its discretion when it found that the knife has some evidentiary value based on the fact that it would help the jury to understand how Parks might have been able to crank the Jeep without benefit of an ignition key, and that its probative value was not outweighed by any prejudicial impact. Issue 4: Weight of evidence Parks argues that the verdict was against the weight of the credible evidence. However, there was substantial evidence in the record tending to implicate Parks in the unlawful appropriation of this vehicle, which was countered by no evidence presented by the defense beyond attempts to impeach the State’s witnesses. |
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