151 So. 3d 226
Miss. Ct. App.2014Background
- Fox was convicted by a Lauderdale County jury of two kidnapping counts, armed carjacking, and armed robbery; he was sentenced as a habitual offender to life imprisonment on each count, with sentences concurrent to each other but consecutive to prior sentences.
- He moved for a new trial initially; the circuit court denied, and Fox appealed.
- Fox later filed a second motion for a new trial after the appeal was filed, asserting newly discovered evidence that his accomplice Jones received a more lenient sentence than testified to, which the circuit court denied.
- Jones testified at trial; Fox objects to testimony referencing “papers” for two armed robbery charges that violated a motion in limine; the court admonished the jury and denied a mistrial.
- Fox argues two issues on appeal: (1) admission of other-crimes evidence and (2) denial of his second motion for a new trial based on Jones’s sentence changes; the Court AFFIRMS the convictions and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of other bad acts evidence | Fox | Fox | No reversible error; brief reference not intentionally elicited; proper admonishment given. |
| Second motion for new trial based on Jones's sentence | Fox | Jones’s sentencing change not disclosed; discovery issues; ineffective opportunity to confront | Court lacked jurisdiction; affirmance of conviction and life sentences. |
Key Cases Cited
- Gunn v. State, 56 So. 3d 568 (Miss. 2011) (abuse-of-discretion standard for mistrial decisions; prejudice standard.)
- Hancock v. State, 964 So. 2d 1167 (Miss. Ct. App. 2007) (brief reference to another crime not reversible error if not elicited to prove character.)
- Hobson v. State, 730 So. 2d 20 (Miss. 1998) (guarding against reversible error when non-purposely elicited references occur.)
- Pittman v. State, 928 So.2d 244 (Miss. Ct. App. 2006) (mistrial when prejudicial error is substantial; otherwise admonition may suffice.)
- Gardner v. State, 792 So.2d 1000 (Miss. Ct. App. 2001) (relevance of prior acts; admonitions may cure harmless error.)
- Hoops v. State, 681 So.2d 521 (Miss. 1996) (standard for mistrial in presence of impropriety.)
- Dennis v. State, 555 So.2d 679 (Miss. 1989) (juror admonition and disregard instructions presumed followed.)
- Estes v. State, 782 So.2d 1244 (Miss. Ct. App. 2000) (appeal divests lower court of jurisdiction; review of ruling.)