64 So. 3d 1033
Miss. Ct. App.2011Background
- Jones was convicted of aggravated assault on Feb. 4, 2010 and sentenced to 10 years with 4 years suspended in the MDOC.
- Jones filed a motion for judgment notwithstanding the verdict or a new trial on Feb. 9, 2010, which the circuit court denied.
- Flagg testified that Jones (not Pittman) struck him at the Civic Auditorium after Blue.
- Flagg had identified Jones in a second police lineup; Flagg’s police statement identified Blue, with later testimony acknowledging the misidentification.
- Jones sought to admit Flagg’s police statement as extrinsic evidence of a prior inconsistent statement, which the circuit court refused.
- The court ultimately affirmed Jones’s conviction and sentence on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusion of Flagg’s police statement as evidence | Jones argues the circuit court erred in excluding the statement | State contends the statement was improper extrinsic evidence of a prior inconsistent statement | No reversible error; statement properly excluded but impeachment allowed |
| Necessity of a simple-assault instruction | Jones claims the jury should have been instructed on simple assault | State contends evidence showed injuries were serious; no instruction needed | Issue without merit; substantial evidence supported no simple-assault instruction; jury could still consider means to produce serious harm |
Key Cases Cited
- Brown v. State, 682 So.2d 340 (Miss. 1996) (extrinsic evidence of prior inconsistent statement not admissible when made in writing)
- Moffett v. State, 456 So.2d 714 (Miss. 1984) (principal rule on prior inconsistent statements)
- Newell v. State, 49 So.3d 66 (Miss. 2010) (standard for reviewing evidentiary rulings is abuse of discretion)
- Mingo v. State, 944 So.2d 18 (Miss. 2006) (requires substantial right affected for reversible error)
- Smith v. State, 986 So.2d 290 (Miss. 2008) (finality of issues raised on appeal; waiver rule)
- Ames v. State, 17 So.3d 130 (Miss.Ct.App. 2009) (instruction on lesser-included offense hinges on evidence of lesser injuries)
- Pleasant v. State, 701 So.2d 799 (Miss. 1997) (framework for evaluating lesser-included-offense instructions)