Alford v. State

760 So. 2d 48, 2000 WL 626880
CourtCourt of Appeals of Mississippi
DecidedMay 16, 2000
Docket1998-KA-01418-COA
StatusPublished
Cited by6 cases

This text of 760 So. 2d 48 (Alford v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alford v. State, 760 So. 2d 48, 2000 WL 626880 (Mich. Ct. App. 2000).

Opinion

760 So.2d 48 (2000)

Geraldine ALFORD a/k/a Geraldine L. Alford, Appellant,
v.
STATE of Mississippi, Appellee.

No. 1998-KA-01418-COA.

Court of Appeals of Mississippi.

May 16, 2000.

*50 Thomas C. Levidiotis, Oxford, Attorney for Appellant.

Office of the Attorney General by Jean Smith Vaughan, Attorney for Appellee.

EN BANC.

MODIFIED OPINION ON MOTION FOR REHEARING

PAYNE, J., for the Court:

PROCEDURAL POSTURE AND ISSUES PRESENTED

¶ 1. The original opinion in this matter is withdrawn, and this opinion is substituted therefor. The motion for rehearing is denied. Geraldine Alford, after a trial by jury in the Calhoun County Circuit Court on change of venue to Union County, stands convicted of the murder of her husband, Anthony Alford. After unsuccessful post-trial motions, Alford perfected this appeal, citing four incidents of error in her proceedings below: 1) the trial court erred in overruling defense objections to testimony that Alford had previously planned and attempted to kill her husband; 2) the trial court erred by refusing to admit into evidence medical records which corroborated the defense's theory of the case; 3) the prosecutor improperly elicited hearsay testimony; and 4) the cumulative effect of all the errors denied Alford a fair trial.

¶ 2. After reviewing the full record and arguments of the parties, we find Alford's assignments hold no merit. Accordingly, we affirm the conviction and sentence in this case.

FACTS

¶ 3. On March 10, 1997, at approximately 6:20 a.m., Calhoun County Sheriff Billy Gore received a phone call from Geraldine Alford in which she reported that two men had broken into her home and injured her husband, Anthony Alford. Sheriff Gore responded to the call and arrived at the Alford home to find that Tony Alford had suffered a fatal gunshot wound. Mrs. Alford contended that she and her husband were sleeping when they were awakened by two intruders wearing masks. The intruders demanded money from the Alfords and a struggle ensued. Mrs. Alford claimed she then left the bedroom unaccompanied and retrieved some money which she kept hidden in her freezer. Her version of the events was unclear but at some point between retrieving the money and returning to the bedroom, Mrs. Alford heard a gunshot. According to Mrs. Alford, one of the intruders then attempted to sodomize her but was unsuccessful in his attempt. He then forced her outside and placed a bag over her head. After instructing Mrs. Alford to remain outside, the intruders fled.

¶ 4. At trial, the State presented evidence that Mrs. Alford had repeatedly discussed murdering her husband with Tammie *51 Jones, an employee at the convenience store owned by the Alfords. Her various plans included having Mr. Alford shot and striking him with a tire iron as he changed a tire. Mrs. Alford also substituted rat poison for Mr. Alford's medication and laced his apple cider with methamphetamine. The poison did not have the desired effect, as Mr. Alford complained only that "his stomach burned." As for the methamphetamine, Tammie Jones testified that Mrs. Alford informed her that its only effect was to keep Mr. Alford awake all night.

¶ 5. On March 10, 1997, Mrs. Alford gave her husband some sleep aids, namely the prescription drug Xanax, so that she could suffocate him while he slept. She was unsuccessful because Mr. Alford was "breathing through the pillow." Finally, Mrs. Alford phoned John Paul Vance, another convenience store employee, and requested his assistance. When Vance arrived, Mr. Alford was beginning to stir. Vance punched Mr. Alford who then managed to grab the handgun he had recently purchased. Vance grabbed the gun from Alford and shot him once through the cheek, killing him.

¶ 6. Geraldine Alford was indicted for murder. Following trial in the Calhoun County Circuit Court, the jury convicted her and sentenced her to life in the custody of the Mississippi Department of Corrections.

DISCUSSION

I. WHETHER THE TRIAL COURT ERRED IN OVERRULING ALFORD'S OBJECTIONS TO PRIOR BAD ACTS TESTIMONY OFFERED BY STATE WITNESS TAMMIE JONES

¶ 7. Alford contends that the trial court violated her due process rights by overruling her objections to Tammie Jones's testimony that Alford had previously plotted and attempted to murder Anthony Alford. Moreover, she claims that the prejudicial effect of Jones's testimony outweighed its probative value.

¶ 8. Jones testified that on several occasions Alford expressed her desire to have her husband killed and proposed various plans to effectuate that desire. One plan involved Jones hiding and waiting for Mr. Alford to arrive home from the casino. She would then shoot him and rob him, making it appear as if someone had followed him home from the casino. According to Jones, on yet another occasion, Alford proposed that she would pretend to have a flat tire. When Mr. Alford arrived to change the tire, she would strike him on the head with a tire iron. Jones also testified that she helped Alford place rat poison in Mr. Alford's medication. Also, Jones testified that Alford had taken some nitroglycerine tablets from her mother which she planned to give to Mr. Alford. Finally, according to Jones, Alford also purchased two "eight balls" of methamphetamine which she placed in a cup of hot apple cider and served to Mr. Alford. Apparently, Mr. Alford suffered from a heart condition which his wife hoped to worsen.

¶ 9. The only defense objection to this entire segment of testimony was immediately after Jones's testimony regarding the nitroglycerine and whether she was aware of any medical condition suffered by the decedent

By Counsel for Alford: I sat here and let it go on about as long as I can go, these outlying boundaries testimony. We're here on a specific case. We're talking about things as far away as trying to build her up to this final event. All of this is absolutely non-relevant. They're about things we're not here on, and I'm going to vehemently object to any more questions. I think I've been awfully patient and let the D.A. say what he wants to say; but Gore Springs, rat poison, all this other stuff have nothing to do with this case we're here on today; and I'm going to object.
By the Trial Court: Where are you going?
*52 Counsel for the State: Your honor, it's the state's argument that she intended to kill her husband; and it's to prove the intent of her actions.
By the Trial Court: All right, let's go. It's overruled. You can answer.

The trial court overruled the objection, finding implicitly that the prior plans testified to by Jones demonstrated Alford's intent to kill her husband. Jones then related Alford's plan to use the crystal methamphetamine as a tool in murdering the decedent.

¶ 10. Alford's objection to Jones's testimony about Alford's intent to murder her husband was not raised until Jones had testified extensively about Alford's previous attempts and plans to kill her husband. Thus, the objection was untimely. Well-settled is the rule that counsel must object contemporaneously when an objectionable statement is given during a witness's testimony so that the trial judge can correct any error with proper instructions to the jury. Shelton v. State, 445 So.2d 844, 846 (Miss.1984). Failure to raise a contemporaneous objection to evidence constitutes a waiver of the issue on appeal. Patton v. State, 742 So.2d 150, 153 (¶ 9) (Miss.Ct.App.1999); Gatlin v. State, 724 So.2d 359 (¶ 43) (Miss.1998).

¶ 11.

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Cite This Page — Counsel Stack

Bluebook (online)
760 So. 2d 48, 2000 WL 626880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alford-v-state-missctapp-2000.