Easterling v. State, 155 So. 3d 790

Easterling was convicted of aggravated DUI in Pearl River County on November 23, 2010, and sentenced to 20 years with five years in custody, two years in a house arrest program, and 13 years PRS with five years reporting, plus fines.
The incident stemmed from a September 22, 2007 trip involving Easterling, her husband, and Nicolette Jenkins returning from New Orleans; Jenkins was pregnant and relied on them for food and shelter.
During the return, the Durango allegedly struck a slower-moving pickup driven by Clarence McCraney, causing McCraney to die from injuries.
There was a dispute over who drove; witnesses testified the driver was the non-pregnant Easterling, while Jenkins initially claimed she drove but later testified Easterling drove.
Before trial, the State sought to admit a prior DUI under Rule 404(b); the court ruled the prior DUI was inadmissible in chief but could be used if Easterling opened the door on credibility.
Easterling testified and argued credibility issues; the State referenced the prior DUI during closing; Easterling’s counsel did not object to the cross-examination or the closing remark, and the defense timely appealed on evidentiary and closing-argument grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of prior DUI evidence	Easterling contends the prior DUI was improperly admitted in chief and was unduly prejudicial.	State contends the issue is waived for failure to object, but the probative value outweighed prejudice.	Waived on appeal; admission not reversed.
Closing arguments restriction	Easterling argues the court restricted a defense closing aiming to undermine eyewitness reliability.	State argues the closing was properly restricted to evidence and law; the reading of a Supreme Court opinion was improper.	Court did not abuse discretion; restrictions were proper.

Miss. Dep't of Transp. v. McLemore, 863 So.2d 31 (Miss. 2003) (abuse-of-discretion standard for evidentiary rulings)
Haggerty v. Foster, 838 So.2d 948 (Miss. 2002) (abuse of discretion review in evidentiary decisions)
Brent v. State, 632 So.2d 936 (Miss. 1994) (credibility and impeachment limits under Rule 608(b))
Redmond v. State, 66 So.3d 107 (Miss. 2011) (contemporaneous objection required to preserve issue)
Derouen v. State, 994 So.2d 748 (Miss. 2008) (objection requirement for appellate review)
Ivy v. State, 589 So.2d 1263 (Miss. 1991) (limits on closing arguments and juror influence)
Monk v. State, 532 So.2d 592 (Miss. 1988) (trial counsel must confine argument to evidence and law)
Stromas v. State, 618 So.2d 116 (Miss. 1993) (counsel limits on argument)