Brown v. State

965 So. 2d 1023, 2007 WL 2200637
CourtMississippi Supreme Court
DecidedAugust 2, 2007
Docket2006-KA-00837-SCT
StatusPublished
Cited by97 cases

This text of 965 So. 2d 1023 (Brown v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. State, 965 So. 2d 1023, 2007 WL 2200637 (Mich. 2007).

Opinion

965 So.2d 1023 (2007)

James Bradley BROWN
v.
STATE of Mississippi.

No. 2006-KA-00837-SCT.

Supreme Court of Mississippi.

August 2, 2007.
Rehearing Denied October 18, 2007.

*1025 Virginia Lynn Watkins, William R. Labarre, Hollandale, attorneys for appellant.

Office of the Attorney General by Ladonna C. Holland, attorney for appellee.

Before WALLER, P.J., DICKINSON and RANDOLPH, JJ.

DICKINSON, Justice, for the Court.

¶ 1. In this deliberate-design murder case, the Defendant claims the trial court committed reversible error by improperly admitting evidence and prohibiting questioning regarding a witness's informant status. The defendant also claims that the evidence was legally insufficient to support his conviction. Finding no reversible error, we affirm the circuit court's disposition.

STATEMENT OF FACTS AND PROCEEDINGS

¶ 2. In the early morning hours of July 25, 2004, Jackson, Mississippi, firefighters were responding to a 911 report of a business fire on Terry Road, when they were directed by an unidentified motorist to look behind the Unique Hair Salon. There, they found an automobile engulfed in flames and the burning body of a man later identified as Edward Lee Nichols ("Nichols"). An autopsy revealed that Nichols had died of blunt force trauma to the back of the head.

¶ 3. While investigating the crime scene, Detectives Amos Clinton and Eric Smith noticed a pathway through the woods to the back of a residence on Shiloh Drive, where they found a gas can and partially burned rags. They also noted that the pathway continued from the residence to the Rebelwood Apartments.[1]

¶ 4. The police were without suspects until Shanta Payne came forward and identified James Bradley Brown as the killer. She stated that around 4:30 a.m. on July 25, Brown knocked on her Rebelwood apartment door and told her that he had killed someone. Payne also identified another resident of Rebelwood Apartments, Rasheeda Newton, as a potential witness. The police followed up by obtaining two statements from Newton, one in August 2004 and another in January 2005. Newton would later testify at trial that, although her August statement was factually accurate, she purposely failed to inform police that Brown had confessed to her he killed Nichols because, at the time, she was in love with Brown. Newton testified that, in an effort to clear her conscience, she returned to the police station two weeks before Brown's trial and signed another statement specifying that Brown had knocked on her door around 4:30 a.m. on July 25, 2004. Newton stated that Brown was "acting all crazy," and that he had said he "got into it" with Edward Nichols, and he had told her "the boy was dead." She also testified that when she told Brown she did not believe he killed Nichols, he left her apartment and returned with his sister, Shannon Brown, who "told [Newton] that [Brown] wasn't lying; that it was all true."

¶ 5. During the investigation, police traced the 911 call to a cell phone registered to James Butler, who told police he was the driver of the car that intercepted and directed firefighters to the blaze behind the Unique Hair Salon. Butler testified he saw James Brown running toward the Rebelwood Apartments between 4:00 *1026 and 4:30 a.m. on the morning in question, and that the day after the murder, Brown confessed to him that he "took about a grand off [Nichols]" and hit him. Butler further testified that Brown told him he had burned the car to get rid of his fingerprints at the crime scene.

¶ 6. The trial court allowed the State to introduce into evidence a letter Butler testified Brown wrote him while the two were in jail together.[2] According to Butler, the letter was delivered to him by his cellmate, who was a prison trustee assigned to work in the barber shop. Butler claimed that, while Brown was getting a haircut, he asked the trustee to deliver the letter to his cellmate. Butler further testified that, sometime after he received the letter, Brown acknowledged to him that he authored the letter, which addressed Butler's testimony about the murder.

¶ 7. The defense called Markia Felder, who testified that Brown was with her on the night in question. Joseph Nix, a passenger in James Butler's car on July 25, also testified for the defense and disputed Butler's identification of Brown as the person running from the crime scene to Rebelwood Apartments. Brown's sister, Shannon Brown, testified that she never went to Rasheeda Newton's apartment the night of July 25. Brown testified on his own behalf, after which the defense rested.

¶ 8. The jury found Brown guilty of deliberate-design murder, and the trial judge sentenced him to life imprisonment. Following post-trial motions, Brown timely perfected this appeal.

ANALYSIS

¶ 9. Brown presents for our review the following assignments of error: (1) the trial court erred in its denial of full impeachment of James Butler; (2) the trial court erred in admitting a letter purportedly from James Brown; (3) the trial court erred in admitting testimony of a statement allegedly made by James Brown; (4) the trial court abused its discretion in admitting a gas tank found near the scene; and (5) the evidence was insufficient to support the jury verdict.

¶ 10. When reviewing evidentiary rulings made by the trial court, this Court employs an abuse of discretion standard. Peterson v. State, 671 So.2d 647, 655 (Miss.1996) (citing Baine v. State, 606 So.2d 1076, 1078 (Miss.1992); Wade v. State, 583 So.2d 965, 967 (Miss.1991)). This Court must first determine if the proper legal standards were applied. Id. at 655-56 (citing Baine, 606 So.2d at 1078). Where error involves the admission or exclusion of evidence, this Court "will not reverse unless the error adversely affects a substantial right of a party." Ladnier v. State, 878 So.2d 926, 933 (Miss.2004) (quoting Whitten v. Cox, 799 So.2d 1, 13 (Miss. 2000)).

Evidence of a plea agreement

¶ 11. Prior to addressing the issues presented on appeal, we address Brown's assertion that evidence of a plea deal Butler received after the conclusion of Brown's trial should be considered at this stage of review. However, this evidence will not be considered on appeal per our Order dated January 17, 2007, in which this Court refused to allow the appellant's motion to supplement the record with that evidence. Brown chose to ignore such ruling and referenced this improper material throughout his brief. The State has moved to strike that information.

*1027 ¶ 12. "This Court will not consider matters that do not appear in the record, and it must confine its review to what appears in the record." Pulphus v. State, 782 So.2d 1220, 1224 (Miss.2001) (citing Robinson v. State, 662 So.2d 1100, 1104 (Miss.1995)). This Court has stated, "we have on many occasions held that we must decide each case by the facts shown in the record, not assertions in the brief, however sincere counsel may be in those assertions." Robinson, 662 So.2d at 1104. Asserted error grounded in facts outside the record may not be presented on direct appeal, but is more appropriately presented in a petition for post-conviction relief. We grant the State's motion to strike, and we must disregard all improperly-included evidence in making today's findings.

Denial of full impeachment

¶ 13. During discovery, Brown learned that Butler was an informant for the Hinds County Sheriff's Department.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

James Johnson a/k/a Bobo v. State of Mississippi
Court of Appeals of Mississippi, 2024
Justin Lee Anderson v. State of Mississippi
Mississippi Supreme Court, 2023
Justus Barfield v. State of Mississippi
Court of Appeals of Mississippi, 2022
Derrick Nelson v. State of Mississippi
Court of Appeals of Mississippi, 2018
Roger Lee Jackson v. State of Mississippi
245 So. 3d 433 (Mississippi Supreme Court, 2018)
Haynes v. State
250 So. 3d 1241 (Mississippi Supreme Court, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
965 So. 2d 1023, 2007 WL 2200637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-state-miss-2007.