Black v. State

823 So. 2d 543, 2002 Miss. App. LEXIS 135, 2002 WL 382898
Court of Appeals of Mississippi·Decided March 12, 2002·No. No. 2000-KA-01536-COA·Published·Cited by 1 cases

Opinion

MYERS, J.,

for the court.

¶ 1. Gretchen Black was arrested on October 4, 1997, for the murder of James Lewis Black. Gretchen Black was convicted in the Circuit Court of Lee County on May 12,1999, and sentenced to serve a life sentence in the custody of the Mississippi Department of Corrections. Black filed a motion for judgment notwithstanding the verdict or, alternatively, new trial which was summarily denied by the trial court. Aggrieved by this decision, Black perfected this appeal raising the following issues:

1. WHETHER THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE THE TRANSCRIPT OF BLACK’S INTERVIEW WITH A POLICE INVESTIGATOR;
2. WHETHER THE TRIAL COURT ERRED IN ALLOWING THE JURY TO REVIEW COPIES OF THE TRANSCRIPT IN THE JURY ROOM DURING A BREAK IN THE TRIAL;
3. WHETHER THE TRIAL COURT ERRED IN ALLOWING A REBUTTAL WITNESS TO TESTIFY;
4. WHETHER THE TRIAL COURT ERRED IN DENYING BLACK’S MOTION TO SUPPRESS HER JOURNAL;
5. WHETHER THE TRIAL COURT FAILED TO PROVIDE BLACK A SPEEDY TRIAL; AND
6. WHETHER THE VERDICT REACHED BY THE JURY WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.

STATEMENT OF FACTS

¶ 2. Gretchen Black shot her estranged husband, James Lewis Black, on October 4, 1997. Black was arrested the same day. Black was indicted for the crime of murder on February 23, 1998, and arraigned on March 26, 1998, at which time Black was first provided a court-appointed attorney. Black pled not guilty alleging that she had acted in self-defense. A trial was had and Black was convicted and sentenced on May 12,1999.

¶ 3. During the course of the trial, the State offered and the trial court admitted into evidence Black’s signed statement taken by the police and the recorded inter[546]*546view also taken by the police. Additionally, the State sought to introduce the transcript of Black’s recorded interview. The trial court allowed the transcript to be admitted into evidence and, additionally, allowed the jurors to take copies of the transcript with them into the jury room during a recess prior to the State resting its case-in-chief. The trial court allowed the State to call a rebuttal witness who had remained in the courtroom after the rule of sequestration had been invoked by Black. Further, the trial court allowed Black’s journal to be admitted into evidence wherein Black wrote of her plans to murder her husband. After all the foregoing was admitted into' evidence, Black was found guilty and sentenced to serve a life term in the custody of the Mississippi Department of Corrections. Black moved for judgment notwithstanding the verdict or, alternatively, a new trial. The trial court denied these motions and Black filed the present appeal.

LEGAL ANALYSIS

1. WHETHER THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE THE TRANSCRIPT OF BLACK’S INTERVIEW WITH A POLICE INVESTIGATOR.

¶ 4. Black first contends that the trial court erred when it admitted the transcript of her taped interview with the police into evidence. The transcript consisted of notes the interviewing officer had taken while conducting the recorded interview. Black asserts that the transcript was not properly authenticated. The. relevancy and admissibility of evidence are within the trial judge’s discretion. Eskridge v. State, 765 So.2d 508, 509(¶7) (Miss.2000). This Court will reverse only where the trial judge has abused his discretion. Id. “The discretion of the trial judge, however, must be exercised within the boundaries of the Mississippi Rules of Evidence.” Henderson v. State, 732 So.2d 211, 213(¶13) (Miss.1998). Mississippi Rule of Evidence 901 governs the authentication of documents and provides that authentication of a document is a condition precedent to it being admissible. M.R.E. 901.

¶ 5. The officer who produced the transcript testified that he took the notes while conducting Black’s recorded interview. The officer further testified that he was present at the time the interview was recorded and that the transcript accurately reflected the substance of the interview. The officer also stated that he had not reviewed the tape since making the transcript. The supreme court in its decision in West v. State, determined that a statement that was tape-recorded and later transcribed was properly authenticated where a police officer who was present while the tape-recording occurred testified that the transcript fairly and accurately depicted what was on the tape. West v. State, 463 So.2d 1048, 1055 (Miss.1985). We And the current situation analogous. The officer conducting Black’s interview was present while the interview was tape-recorded. The officer testified under oath that the transcript he made while interviewing Black fairly and accurately reflected their taped conversation. The transcript was properly authenticated. The trial judge did not abuse his discretion in allowing the transcript to be admitted into evidence. This issue is without merit.

2. WHETHER THE TRIAL COURT ERRED IN ALLOWING THE JURY TO REVIEW COPIES OF THE TRANSCRIPT IN THE JURY ROOM DURING A BREAK IN THE TRIAL.

¶ 6. Black next contends that the trial court erred when it allowed the jury [547]*547to review copies of the transcript in the jury room during a break in the trial prior to the State resting its case-in-chief. The State requested that the jury be allowed to review the transcript during a recess as the document was lengthy. Black contends that this caused the jury to bolster the evidentiary value of the transcript and, as such, prejudiced her case. We have already determined that the transcript was properly authenticated and admitted into evidence. The supreme court has determined that it was not error for the trial court to allow the jury to carry exhibits into the jury room prior to the jury being released to deliberate the case. Huey v. Port Gibson Bank, 390 So.2d 1005, 1007 (Miss.1980). In Huey, however, the jury was allowed to carry back exhibits from both sides of the case. Id. Black’s jury was only allowed to carry the transcript to the jury room during the one recess. We can find no prejudice in this instance flowing from the trial court’s decision to allow the jury to review the transcript during a recess as Black’s signed statement and the entire tape-recorded interview which contained the same statements made by Black were also introduced into evidence and given to the jury to consider during its deliberations. This Court does not approve of the process of allowing the jury to view the evidence in a piecemeal fashion and would discourage the trial courts from allowing the jury to take evidence into the jury room prior to the commencement of deliberations. In this instance no prejudice flowed from the jury taking copies of the statement to the jury room for the reasons discussed above. This issue is without merit.

3. WHETHER THE TRIAL COURT ERRED IN ALLOWING A REBUTTAL WITNESS TO TESTIFY.

¶ 7. Black asserts that the trial court erred when it allowed the State to call a witness who was present during the course of most of the testimony presented in the case after Black had invoked the rule of sequestration and had all witnesses excluded from the court room.

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Black v. State, 823 So. 2d 543, 2002 Miss. App. LEXIS 135, 2002 WL 382898 (Mich. Ct. App. 2002).

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