Williams v. State
2011 Miss. LEXIS 72
| Miss. | 2011Background
- Williams shot Younger in self-defense in a Jay's Lounge parking lot; he testified Younger pulled a gun.
- Williams called bouncer Herrington to testify Younger possessed a gun earlier that night; this was excluded for discovery non-disclosure.
- Williams was convicted; Court of Appeals affirmed; Supreme Court granted certiorari.
- Herrington testified to cursing and reaching toward his back; the gun possession testimony was excluded.
- Discovery rules required prompt disclosure of discoverable information; Williams disclosed some information but not the full gun possession detail.
- Court analyzes whether a discovery violation occurred and whether exclusion of Herrington’s testimony was an appropriate remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a discovery violation under Rule 9.04? | Discovery violation occurred due to late disclosure of gun possession by Younger. | No violation or no willful violation; timing alone is insufficient to sanction exclusion. | There was a discovery issue, but exclusion was an abuse of discretion. |
| Was excluding Herrington’s testimony an appropriate remedy for a discovery violation? | Exclusion is warranted to deter non-disclosure and protect trial integrity. | Exclusion is a drastic remedy; less severe sanctions or admission/continuance may suffice. | Exclusion was an abuse of discretion; a less harsh sanction should have been used. |
| Was the error harmless or prejudicial to Williams? | Herrington’s testimony would corroborate Williams and undermine the State’s evidence. | Potential prejudice minimal; other evidence remains. | Admission/exclusion was prejudicial; not harmless. |
Key Cases Cited
- Morris v. State, 927 So.2d 744 (Miss. 2006) (willful discovery violation supports exclusion)
- Skaggs v. State, 676 So.2d 897 (Miss. 1996) (late discovery of additional testimony; per se misconduct not shown)
- Darby v. State, 538 So.2d 1168 (Miss. 1989) (extreme sanction only for willful, tactical discovery violations)
- Williams v. State, 54 So.3d 253 (Miss. Ct. App. 2010) (context for discovery disclosures and witness testimony)
- Ross v. State, 954 So.2d 968 (Miss. 2007) (prejudice assessment in evidentiary rulings)