 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Tanner v. State5/4/2000
was kept was always unlocked. Additionally, Harper testified that he initially thought someone else took the gun. Taking the above testimony into consideration, we find sufficient evidence was presented that would rebut any prejudicial effect this testimony had upon the jury. The trial testimony clearly indicated that the gun theory was merely possibility and not fact.
. Although we agree it was error to admit such testimony, we do not find that the testimony harmed Tanner's defense. At most, the testimony entered was harmless error. In Thomas v. State, 711 So. 2d 867, 872 (Miss. 1998), this Court discussed the basic test for harmless error, wherein we stated, "the inquiry is not whether the jury considered the improper evidence or law at all, but rather, whether the error was unimportant in relation to everything else the jury considered on the issue in question." In the present case, the error was unimportant in relation to everything else presented. Accordingly, we find this issue to be without merit.
V.
WHETHER THE LOWER COURT ERRED IN ALLOWING THE TESTIMONY OF AUSTIN SHADDIX
. Tanner argues that Shaddix's testimony was an unfair surprise which prevented Tanner from properly preparing for trial. Tanner further claims that he did not receive adequate notice of the State's intent to use Shaddix as a witness. Furthermore, Tanner points out "that this case was based entirely on circumstantial evidence, until the testimony of the surprise witness."
. According to Shaddix's testimony, sometime in July of 1997, Tanner told Shaddix that he killed Wood. In October of 1997, Shaddix's conscience began to bother him, and he asked his wife to contact the State. On October 3, 1997, at 4:27 p.m., the State informed Tanner about Shaddix, where he was located, and the substance of his testimony. According to Tanner, however, the State subsequently said they were not going to call Shaddix as a witness. On Friday afternoon (of the week preceding the trial), the State once again informed Tanner that Shaddix was a potential witness. On Monday, October 12, 1997, the State informed Tanner that Shaddix would be called as a witness the next morning. A hearing was held on Tanner's motion, where Tanner objected to Shaddix testifying, specifically noting that he had not received a copy of Shaddix's statement, his criminal record, or information regarding whether Shaddix had received any promises in exchange for his testimony.
. The trial court held that Tanner was entitled to speak with the State's investigator, Doc Thaggard. Thaggard said there was no written statement, but that he did have some written notes from his interview with Shaddix. The trial court held that Tanner was entitled to receive those notes and recessed until the next day. Tanner was also provided with a copy of Shaddix's criminal history late Monday afternoon, the day before Shaddix's testimony. According to Tanner, the criminal record "was in coded form" and not useful. Tanner further asserts they were unable to speak with Shaddix, since he was following the advice of counsel for an unrelated burglary charge.
. Rule 9.04 of the Uniform Circuit and County Court Rules sets forth the appropriate procedures and remedies for the trial court to consider when evaluating discovery violations. Rule 9.04I provides in relevant part as follows:
If during the course of trial, the prosecution attempts to introduce evidence which has not been timely disclosed to the defense as required by these rules, and the defense objects to the introduction for that reason, the court shall act as follows:
1. Grant the defense a reasonable opportunity to interview the newly
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Mississippi DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|