Hargett v. State on Writ of Certiorari
62 So. 3d 950
| Miss. | 2011Background
- Hargett was indicted for sale of <30g marijuana and sale of 10 hydrocodone units; convicted on both counts and sentenced as habitual offender to concurrent 6 and 60 years in MDOC.
- Court of Appeals affirmed; Mississippi Supreme Court granted certiorari to address admissibility of prior-bad-acts testimony.
- Trial court granted motion in limine to exclude prior convictions; State repeatedly elicited such testimony anyway.
- Informants Brumfield and Carla conducted drug purchases with Brumfield wearing an audio device; agents heard but did not see the sale.
- Multiple bench conferences instructed the State to avoid reference to prior bad acts or convictions; however, four improper references occurred.
- Court reverses and remands for a new trial, holding the improper testimony was not within Rule 404(b) exceptions and was overly prejudicial under Rule 403.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prior-bad-acts testimony was admissible | Hargett | State | Not admissible; prejudicial under 404(b) and 403; reversible error. |
Key Cases Cited
- Ballenger v. State, 667 So.2d 1242 (Miss. 1995) (evidence may complete the story but not unduly prejudice)
- Robinson v. State, 35 So.3d 501 (Miss. 2010) (prior-acts error requires reversal; constitutional right to testify affected)
- Pitchford v. State, 45 So.3d 216 (Miss. 2010) (harmless-error standard for evidentiary rulings)
- Sumrall v. State, 272 So.2d 917 (Miss. 1973) (prejudice must not override fairness and necessity of fair trial)
- Jones v. State, 904 So.2d 149 (Miss. 2005) (abuse-of-discretion standard for evidentiary rulings)
- Price v. State, 898 So.2d 641 (Miss. 2005) (relevance and prejudice balancing in evidence)