Miller v. State


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Docket Number: 2007-KA-01994-SCT
Supreme Court: Opinion Link
Opinion Date: 12-11-2008
Opinion Author: Randolph, J.
Holding: Affirmed
Additional Case Information: Topic: Aggravated assault - Relevancy of evidence - M.R.E. 401 - M.R.E. 402
Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Lamar, JJ.
Procedural History: Motion for a New Trial; Jury Trial
Nature of the Case: CRIMINAL - FELONY
Trial Court: Date of Trial Judgment: 10-11-2007
Appealed from: SCOTT COUNTY CIRCUIT COURT
Judge: Marcus D. Gordon
Disposition: Miller was found guilty of aggravated assault and sentenced to twelve years in prison. The trial court denied his "Motion for a New Trial."
District Attorney: Mark Sheldon Duncan
Case Number: 07-CR-080-SC-G
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Michael Benard Miller




 Edmund J. Phillips, Jr.



  
  • Appellant #1 Brief
    		•
    Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: W. Glenn Watts  
    Synopsis provided by:

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    Topic: Aggravated assault - Relevancy of evidence - M.R.E. 401 - M.R.E. 402
    Summary of the Facts: Michael Miller was convicted of aggravated assault and sentenced to twelve years. He appeals.
    Summary of Opinion Analysis: Miller argues that the court erred in refusing to allow testimony regarding an assault on him while he was in jail. M.R.E. 401 provides that relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. M.R.E. 402 provides that evidence which is not relevant is not admissible. The circuit court failed to make a relevancy connection between the jail assault of Miller and the aggravated assault of the victim, for which Miller was indicted. These were separate incidents, disconnected both temporally and by location. Therefore, the judge did not abuse his discretion in sustaining the State’s relevancy objection.


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