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Swindle v. State6/8/1999
DATE OF JUDGMENT: 11/24/1997
TRIAL JUDGE: HON. HENRY LAFAYETTE LACKEY
COURT FROM WHICH APPEALED: UNION COUNTY CIRCUIT COURT
DISTRICT ATTORNEY: JIM HOOD, III
NATURE OF THE CASE: CRIMINAL - FELONY
TRIAL COURT DISPOSITION: 11/24/1997: MANSLAUGHTER: SENTENCED TO SERVE A TERM OF 20 YRS IN THE MDOC, WITH 10 YRS SUSPENDED PENDING GOOD BEHAVIOR & 10 YRS TO SERVE; DEFENDANT IS ORDERED TO PAY ALL COURT COST
DISPOSITION: AFFIRMED
. Sherry Swindle appeals her conviction of manslaughter, raising the following issues as error:
I. THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE THE WRITTEN STATEMENT OF A WITNESS WHO HAD ALREADY TESTIFIED.
II. THE TRIAL COURT ERRED IN OVERRULING THE DEFENDANT'S MOTION FOR DISMISSAL PURSUANT TO THE 270-DAY RULE.
III. THE COURT ERRED IN REFUSING THE DEFENDANT'S MOTION FOR CONTINUANCE TO PERMIT THE DEFENDANT TO CONDUCT ADDITIONAL TESTS ON THE BLOOD OF THE DECEASED, INVESTIGATE AND EVALUATE THE KNIFE, AND TO OBTAIN THE PRESENCE OF A CRUCIAL WITNESS.
IV. THE TRIAL COURT ERRED IN REFUSING THE DEFENDANT'S MOTION FOR MISTRIAL DUE TO THE IMPROPER CLOSING ARGUMENT OF THE PROSECUTION.
V. THE TRIAL COURT ERRED IN LIMITING THE DEFENDANT'S PROOF ON THE KNOWN AGGRESSIVE NATURE AND MENTAL CONDITION OF THE DECEASED.
VI. THE TRIAL COURT ERRED IN REFUSING TO PERMIT THE DEFENDANT TO SHOW THAT SHE HAD COOPERATED WITH LAW ENFORCEMENT DURING THE INVESTIGATION.
VII. THE COURT ERRED IN OVERRULING THE DEFENDANT'S MOTION FOR DISMISSAL AT THE CLOSE OF THE STATE'S CASE AND/OR THE VERDICT OF THE JURY WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.
VIII.THE COURT ERRED IN REFUSING JURY INSTRUCTION D-16 AND D-17 THEREBY PREVENTING THE DEFENDANT FROM PRESENTING THOSE THEORIES OF DEFENSE.
IX. THE DEFENDANT WAS PREJUDICED BY THE FAILURE OF THE STATE TO PRODUCE PHYSICAL EVIDENCE.
. Finding no reversible error, we affirm.
FACTS
. On the morning of January 3, 1996, Chris Little stopped by Eric Allen's house, a person he worked with and had known for twenty-five years. They decided to drive around and some time before lunch they stopped at Barbara Thomas's trailer. Thomas, Thomas's eleven-year-old son, Shane Thomas, Freddie Wilde, and Sherry Swindle were all at the trailer when Little and Allen arrived. Little and Allen stayed at Thomas's trailer for a short time, talking and watching television. Little and Allen eventually left, and Little dropped Allen back at his home.
. Later that same day sometime in the early evening, Little returned to Allen's house, and they drove back to Thomas's trailer. This time Rhonda Stewart, an ex-girlfriend of Little, was at the trailer. Stewart left immediately upon seeing Little as she did not want any trouble. Little had been very depressed over his breakup with Stewart and had even tried to commit suicide. Little and Allen soon left also, only to return an hour later. During the hour they were away, Little and Allen purchased two quarts of beer and a pint of whisky and were driving around while drinking.
. Upon arriving back at the trailer, Little got in an argument with Wilde over a pool cue Wilde had borrowed from Little. Little went outside and began searching Wilde's car for the cue and tried to start the car. Wilde came out of the trailer, and the argument soon erupted into a fight. Allen stood by as the two men fought on the ground. Thomas and Swindle soon came out of the trailer. Little began scuffling with all three. Thomas returned to the trailer and came back brandishing a pist
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