241 So. 3d 645
Miss. Ct. App.2018Background
- Saunders was convicted of first-degree murder and car theft after witnesses heard gunshots and found victim Jamel Jones dead from multiple gunshot wounds; neighbors saw Saunders fire shots and flee in the victims’ white Ford Explorer.
- Police recovered two phones from a vehicle last seen driven by Saunders; a screenshot of a text message (Exhibit S-23) from a Samsung phone was introduced at trial.
- Saunders’s hands tested positive for gunshot residue; the firearm was never recovered.
- Saunders objected at trial to admission of Exhibit S-23 on authentication and hearsay grounds; the trial court admitted the exhibit after the State limited questioning about its contents.
- Saunders moved for JNOV or new trial; the trial court denied relief, and Saunders appealed the evidentiary ruling. The Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission/authentication of screenshot (M.R.E. 901) | Exhibit S-23 not properly authenticated; screenshot alone insufficient to prove origin | State produced prima facie foundation: officer present when screenshot taken, phone recovered from vehicle last seen driven by Saunders, phone number linked to alleged owner | Court: Authentication requirement satisfied; prima facie showing met, admissibility for jury to weigh |
| Hearsay (text content) | Officer’s testimony and screenshot conveyed out-of-court statements; inadmissible hearsay | Trial court limited questioning; State did not elicit content through officer, and Saunders failed to contemporaneously object to some testimony | Court: No preserved hearsay error; officer only testified foundation facts and S-23 itself was admitted; issue waived where no contemporaneous objection |
Key Cases Cited
- Smith v. State, 136 So. 3d 424 (Miss. 2014) (authentication requires prima facie showing that item is what proponent claims)
- Walters v. State, 206 So. 3d 524 (Miss. 2016) (prima facie foundation suffices to authenticate evidence; full admissibility for jury)
- Bryant v. State, 151 So. 3d 1025 (Miss. Ct. App. 2014) (standard of review for denial of JNOV and substantial-evidence rule)
- Tienda v. State, 358 S.W.3d 633 (Tex. Crim. App. 2012) (text messages from number alone generally insufficient for authentication)