Rodney Carter v. State of Mississippi, 227 So. 3d 416

Background

On Jan. 10, 2015, Deputy Sam Howard observed Rodney Carter's vehicle with an unlit license plate; after a red light, Howard followed to read the plate. Carter slowed then later accelerated and, after Howard activated lights/siren, fled at very high speeds (88–124 mph), weaving and using the shoulder over ~22 miles.
A spike strip eventually stopped Carter; an object was tossed from the passenger side during the pursuit. Carter claimed he was having a severe asthma attack and was en route to the hospital; EMS examined him at the scene and no hospital care was required.
Carter was indicted for felony evasion and possession of a firearm by a felon; he was convicted of felony evasion and acquitted of the firearm charge. He received a five-year MDOC sentence.
At trial Carter sought to represent himself (with counsel ordered to remain to assist). He submitted a handwritten jury instruction claiming necessity/duress (medical emergency), which the court refused as peremptory and unsupported by the evidence.
Carter did not contemporaneously object to the State’s certified judgment of a 2007 armed-robbery conviction admitted to impeach his testimony; he later attempted to introduce an MDOC discharge certificate which the court excluded.
Carter appealed, raising weight-of-evidence, necessity/duress instruction, alleged false evidence under Rule 609, lack of probable cause, and ineffective assistance claims; the Court of Appeals affirmed.

Issues

Issue	Carter's Argument	State's Argument	Held
Whether verdict was against overwhelming weight of the evidence	Carter said he drove recklessly only because of a medical emergency and thought the deputy was escorting him; no proof he wasn't in need of care	Video, officer testimony, and other evidence showed willful flight, extreme speeds, weaving, and opportunities/alternatives to stop; jury credited State	Affirmed — verdict not contrary to overwhelming weight of evidence
Whether trial court erred by refusing necessity/duress instruction	Requested instruction: necessity due to medical emergency (duress)	Instruction unsupported: no unlawful threat, reasonable alternatives existed (wife could drive, deputy could have summoned aid), harm from flight disproportionate	Affirmed — instruction properly refused
Whether State introduced false evidence via prior-conviction proof	Argued the certified judgment was false and prejudicial; offered MDOC discharge to rebut	Carter failed to contemporaneously object; no proof the certified judgment was false; MDOC certificate was not self-authenticating	Waived and meritless — admission proper
Whether officer lacked probable cause to arrest after learning of medical issue	Claimed existence of necessity defense negated probable cause	Officer observed traffic violations (unlit plate, obstructing traffic), failure to stop, reckless conduct during pursuit — probable cause present	Affirmed — probable cause supported arrest
Ineffective assistance of counsel for not drafting necessity instruction	Counsel failed to help craft the requested instruction	No prejudice because the record lacks evidence supporting necessity; instruction would have been improper	Affirmed — no merit to IAC claim

Key Cases Cited

Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for disturbing jury verdict as against the overwhelming weight of the evidence)
Stodghill v. State, 892 So. 2d 236 (Miss. 2005) (necessity defense requires imminent danger and no adequate alternative)
Davis v. State, 18 So. 3d 842 (Miss. 2009) (three-prong test for necessity: prevent significant evil, no adequate alternative, harm not disproportionate)
Whren v. United States, 517 U.S. 806 (1996) (traffic stop reasonable when police have probable cause to believe a traffic violation occurred)
Goff v. State, 14 So. 3d 625 (Miss. 2009) (application of Whren to Mississippi law)
Butler v. State, 16 So. 3d 751 (Miss. Ct. App. 2009) (failure to contemporaneously object waives evidentiary challenge on appeal)