Carter v. State
| Docket Number: | 2010-KA-01514-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-19-2012 Opinion Author: Maxwell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Out-of-order testimony - M.R.E. 611 - Photographs Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-23-2010 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH FIVE YEARS TO SERVE, FIVE YEARS SUSPENDED, AND THREE YEARS’ POST - RELEASE SUPERVISED PROBATION District Attorney: Robert Shuler Smith Case Number: 09-0-135CRG |
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| Party Name: | Attorney Name: | |||
| Appellant: | Deon Carter a/k/a Deon Cortez Carter |
JENNIE S.H. PITTS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: 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: | Aggravated assault - Out-of-order testimony - M.R.E. 611 - Photographs |
| Summary of the Facts: | Deon Carter was convicted of aggravated assault and sentenced to ten years, with five years suspended and three years’ post-release supervised probation. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Out-of-order testimony Following a recess in the State’s case, the State informed the circuit judge that its last witness, Dr. Andrew Parent, a pediatric neurosurgeon who had operated on the victim, was unavailable to testify because he was performing surgery. The circuit judge asked defense counsel if she was ready to proceed with her case-in-chief. Defense counsel responded that her “position is that the State needs to rest before the defendant puts on [his] case.” The judge explained she would allow the State to take the witness “out of order.” Carter argues this was error. The exercise of discretion over the mode and manner of questioning witnesses is founded in M.R.E. 611. By ordering the defense to proceed with its case-in-chief, the circuit judge aimed to minimize the needless consumption of time, rather than postpone proceedings until Dr. Parent was available to testify for the State. Carter was not prevented from calling witnesses supporting his defense. Nor does he point to any other prejudice resulting from the circuit judge’s handling of Dr. Parent’s testimony. Thus, there is no error. Issue 2: Photographs Carter argues the circuit judge erred by admitting, over his objection, a photograph of the victim, taken by the victim’s mother while he was recovering from the “craniotomy” procedure performed by Dr. Parent. He also suggests the trial judge should have restricted the victim’s mother from testifying because she had no direct knowledge about the assault. So long as a photograph has probative value and its introduction serves a meaningful evidentiary purpose, it may still be admissible despite being gruesome, grisly, unpleasant, or even inflammatory. The State was required to prove the victim suffered “serious bodily injury.” And the circuit judge allowed his mother to testify about “his physical condition at the scene and his treatment in terms of the severity of his injury.” The victim awoke from a coma in the hospital and did not remember the assault. His mother testified he suffered optic nerve damage and was required to have a portion of his skull removed to relieve brain swelling. The photograph supplemented Dr. Parent’s and the mother’s testimony about the seriousness of his injuries. The mother’s testimony was relevant to the severity of the victim’s injuries. |
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