Armstead v. State

805 So. 2d 592, 2001 WL 1469034
CourtCourt of Appeals of Mississippi
DecidedNovember 20, 2001
Docket2000-KA-01999-COA
StatusPublished
Cited by5 cases

This text of 805 So. 2d 592 (Armstead 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
Armstead v. State, 805 So. 2d 592, 2001 WL 1469034 (Mich. Ct. App. 2001).

Opinion

805 So.2d 592 (2001)

Charles ARMSTEAD, Appellant,
v.
STATE of Mississippi, Appellee.

No. 2000-KA-01999-COA.

Court of Appeals of Mississippi.

November 20, 2001.
Rehearing Denied January 22, 2002.

*594 David L. Walker, Batesville, Attorney for Appellant.

Office of the Attorney General by Billy L. Gore, Jackson, Attorney for Appellee.

Before SOUTHWICK, P.J., IRVING, and MYERS, JJ.

SOUTHWICK, P.J., for the Court.

¶ 1. Charles Armstead was convicted by a jury of one count of aggravated assault. His appellate issues are that he was not allowed to cross-examine the victim about her alleged offer to drop the charges against him and that the State improperly cross-examined one of his witnesses concerning that person's prior aggravated assault conviction. Finding no basis for reversal in these allegations, we affirm.

STATEMENT OF FACTS

¶ 2. On the evening of November 3, 1999, four people were at a bar in Lambert, Mississippi. Among them were the victim in this case, Lavitrice Bell; the defendant's girlfriend, Nancy Harvey; and two others. Bell testified that the group left the bar and walked to where Harvey had parked her car. Armstead was waiting beside the car. Bell testified that Armstead appeared to want to fight with Harvey, that he would not let anyone get into Harvey's car, and that he pulled out a knife. No injuries were yet sustained.

¶ 3. Bell then went to her aunt's home. She said that the others from the bar, except for Armstead, were already there. They explained to the aunt what Armstead had done. Shortly thereafter, Armstead arrived. He wanted to speak with his girlfriend, Nancy Harvey. Harvey began to walk outside to talk with Armstead, and Bell followed and picked up a hot sauce bottle before she left the house. Bell testified that she picked up the bottle because she was aware that Armstead had earlier had a knife and was concerned that he might try to harm Harvey. The aunt also accompanied the women to the door.

¶ 4. Bell testified that Armstead swung at Harvey as soon as she walked outside. The aunt testified that Armstead swung at Nancy with a knife. Bell testified that she quickly placed herself between Armstead and Harvey and was cut by the knife. She then struck Armstead with the bottle several times. The aunt began hitting Armstead with a stick. Bell testified that she eventually took the stick and chased Armstead with it. Armstead retreated to his car and left the scene.

¶ 5. Armstead testified at trial that when his girlfriend came outside that she was angry with him and began hitting him in the chest. Armstead testified that she came outside alone, and that he did nothing in response. However, once Bell came out and began hitting him with a bottle, he tried to push Harvey out of the way in order to strike Bell. He was unsure whether he actually made contact. Armstead testified that Bell had pushed him back towards a van parked in the driveway and that while he had his back towards the van Bell continued to hit him with a stick. Armstead testified that he did not pull out his pocket knife until he started walking towards the street where his car was parked. He held the knife in his hand only to ward off Bell's blows, but did not recall cutting her.

¶ 6. Bell suffered cuts to her forehead, neck, and right forearm. The cuts were approximately one-half inch deep, one and one-half inches to three inches in length, and required stitches.

¶ 7. On September 13, 2000, Armstead was convicted of one count of aggravated assault after a two-day trial. He appeals.

*595 DISCUSSION

1. Statements Concerning Willingness to Drop Charges

¶ 8. Prior to trial, the State made a motion in limine to prevent defense counsel from questioning Bell about an alleged settlement offer she made to Armstead. The State said this:

Defense attorney has per telephone notified the State that he expects to cross-examine [Bell] on some possible settlement negotiations in this case. It is my understanding from the conversation with the defense attorney that he spoke with her and there was an attempt to get the charges dropped in this case. And also there was some type of statement from the victim on a—either payment of medical bills or a settlement amount to cover expenses, and I do not know the entire gist of the conversation.

¶ 9. Armstead's counsel said that Bell had made statements to several people that she would not pursue Armstead's prosecution if she was paid a certain sum of money. The money was not paid, and the attorney argued that the victim's willingness to drop the charges for money reflected bias or prejudice that would be proper to show on cross-examination of her and on direct examination of defense witnesses.

¶ 10. When asked by the court whether defense counsel initiated the conversation, defense counsel stated that "she walked up when I was talking with other witnesses. I did not make a direct contact to her." The trial court again asked whether Bell initiated the conversation to which defense counsel responded that "I don't really recall. There is a probability that I in fact initiated it...." There was some suggestion that the payment Bell may have been seeking was for her medical bills.

¶ 11. The circuit court initially stated that as far as introducing evidence of any settlement discussions between Bell and defense counsel that "under the rules, that is improper. You can't do that in a civil trial, and certainly you can't do it in a criminal trial." The final explanation for granting the motion in limine was this:

The Court finds that it is irrelevant to the issue of whether or not [Bell] was victimized by being cut and whether or not—well, if she were cut whether or not the defendant cut her. The Court finds that some subsequent discussion of the victim making an offer of settlement, that has nothing to do with whether or not she was victimized and whether she was victimized by the defendant. Also, I'm sure the evidence is not going to show that she was a willing victim, that she was willing to be cut in an effort to profit through some settlement. The evidence would not show that would it?

Defense counsel responded that it would not. The circuit court also stated that evidence of any offer of settlement "would be highly prejudicial, .., if that evidence were admitted."

¶ 12. Armstead argues that he should have been allowed to question Bell about the alleged statements so that he could show that Bell's testimony was influenced by his rejection of the offer and that Bell was also only pursuing charges against him in "retaliation" for his rejection of the offer.

¶ 13. Rule 401 of the Mississippi Rule of Evidence defines relevant evidence as "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." M.R.E. 401. Rule 408 bars evidence of "offering or promising to accept a valuable consideration in compromising or attempting to *596 compromise a claim which was disputed...." M.R.E. 408. However, the "rule does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness...." Id.

¶ 14. A trial court may exercise its discretion when deciding upon the admissibility of evidence. Sturdivant v. State, 745 So.2d 240, 243 (Miss.1999). A reviewing court must "determine whether the trial court employed the proper legal standards in its fact findings governing evidence admissibility."

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Cite This Page — Counsel Stack

Bluebook (online)
805 So. 2d 592, 2001 WL 1469034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armstead-v-state-missctapp-2001.