Christian v. State

998 So. 2d 1019, 2008 WL 3905965
CourtCourt of Appeals of Mississippi
DecidedAugust 26, 2008
Docket2007-KA-00758-COA
StatusPublished
Cited by1 cases

This text of 998 So. 2d 1019 (Christian 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
Christian v. State, 998 So. 2d 1019, 2008 WL 3905965 (Mich. Ct. App. 2008).

Opinion

998 So.2d 1019 (2008)

Colt Allen CHRISTIAN, Appellant,
v.
STATE of Mississippi, Appellee.

No. 2007-KA-00758-COA.

Court of Appeals of Mississippi.

August 26, 2008.
Rehearing Denied January 13, 2009.

*1021 George S. Shaddock, attorney for appellant.

Office of the Attorney General by John R. Henry, attorney for appellee.

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

MYERS, P.J., for the Court.

¶ 1. Colt Allen Christian was found guilty of aggravated assault by a jury in the Circuit Court of Jackson County and sentenced to twenty years, with eighteen years to serve in the custody of the Mississippi Department of Corrections and two years of post-release supervision, along with a $5,000 fine. Christian now appeals that conviction and sentence.

FACTS AND PROCEDURAL HISTORY

¶ 2. On June 19, 2005, the Jackson County Sheriff's Department was called out to investigate a possible hit-and-run accident, which later developed into a shooting investigation. Testimony at trial developed two contrasting versions of the events that led up to the shooting of Gene Roberts (Roberts). Christian testified at trial that he and his girlfriend, Amanda Roberts, were driving home when Roberts began following them on Shingle Mill Landing Road in Jackson County. The couple stopped at a stop sign on Fort Lake Road; Christian alleged that Roberts rammed the couple's trailer. Christian later claimed that after this incident he continued on to Chatsworth Road to return home with Roberts following behind. Christian testified that he stopped his vehicle before reaching his home and approached Roberts's vehicle with a .45 caliber pistol in his hand. Christian testified that when Roberts opened his door, it hit Christian's hand, causing the pistol to discharge and a bullet to hit Roberts in the head. Christian testified that he was unaware of Roberts's injury at the time he left the scene. Christian testified that he then went back to his vehicle and returned home, where he and his girlfriend were later arrested.

¶ 3. The State's version of events differed from Christian's. The State maintained that Roberts was traveling north on Franklin Creek Road. The State contended that Christian was following closely, or tailgating, and subsequently bumped into Roberts's car. Roberts then pulled his vehicle to the side of the road and waited for Christian to follow suit. However, Christian continued traveling. Roberts followed and called 911 to report the accident. Roberts gave a description to the 911 operator of Christian's vehicle, a "jacked up" purple F-150 truck. Christian pulled his vehicle over when he reached Chatsworth Road, which was close to his home. The State maintained that the 911 call clearly recorded Roberts asking Christian to stay back and also recorded Christian cursing at Roberts to exit his *1022 vehicle. It was then alleged that Christian, who had approached with a .45 caliber pistol, knocked out the glass on the driver's side and proceeded to shoot Roberts in the head. The State maintained that Christian then left the scene and drove home. The State also maintained that after Roberts was wounded his truck traveled in reverse onto another road, where he was left alone and bleeding from his wound. The State then argues that Christian returned to the scene of the accident in a small car, where Officer Robert Zwick was helping Roberts. Officer Zwick testified that when the call was first received, he recognized the description of the truck and identified it as belonging to Christian. Officer Zwick testified that Christian asked if the person hurt was his little brother. Officer Zwick also testified that Christian told him he was not driving his purple truck that day, but his brother Caleb was driving the truck earlier. Christian then left the scene and returned to his home.

¶ 4. Christian was convicted by a jury of aggravated assault. After sentencing, he filed a post-trial motion for a new trial, which was denied. As a result, Christian now seeks a review of three issues on appeal.

STANDARD OF REVIEW

¶ 5. This Court will only overturn a trial court's admission or exclusion of expert testimony if it is found to be an abuse of discretion. Ellis v. State, 934 So.2d 1000, 1004(¶ 17) (Miss.2006) (quoting Miss. Transp. Comm'n v. McLemore, 863 So.2d 31, 34(¶ 4) (Miss.2003)). Additionally, the trial court's ruling will be affirmed "[u]nless we can safely say that the trial court abused its judicial discretion in allowing or disallowing evidence so as to prejudice ... the accused in a criminal case...." Id. (quoting Jones v. State, 918 So.2d 1220, 1223(¶ 9) (Miss.2005)).

¶ 6. "This Court may reverse a conviction and sentence based upon the cumulative effect of errors that independently would not require reversal." Sykes v. State, 895 So.2d 191, 196(¶ 21) (Miss.Ct. App.2005) (citing Jenkins v. State, 607 So.2d 1171, 1183-84 (Miss.1992)). The supreme court has established the standard by which this Court is to review the effect of cumulative errors on a defendant's right to a fair trial:

upon appellate review of cases in which we find harmless error or any error which is not specifically found to be reversible in and of itself, we shall have the discretion to determine, on a case-by-case basis, as to whether such error or errors, although not reversible when standing alone, may when considered cumulatively require reversal because of the resulting cumulative prejudicial effect.

Byrom v. State, 863 So.2d 836, 847(¶ 13) (Miss.2003).

I. WHETHER THE TRIAL COURT ERRED IN REFUSING TO ALLOW JIM BOWMAN TO BE DESIGNATED AS AN EXPERT WITNESS.

¶ 7. Christian argues that his defense was severely limited by the restrictions placed on his expert witness, Jim Bowman, while testifying at trial. Christian contends that the limitation of Bowman's expert opinion prevented him from effectively presenting and supporting his theory that the shooting of Roberts was accidental.

¶ 8. The State argues that the trial court did not err in sustaining its objection to Bowman as a shooting reconstruction expert. The State contends that Christian failed to demonstrate the existence of a field of expertise known as shooting reconstruction. *1023 The State points out that Christian failed to produce any books, treatises, studies, or materials to demonstrate the existence and reliability of a shooting reconstruction expert. The State also noted that although Bowman claimed to have attended a course called gunshot reconstruction, there was no proof that such a course existed or that he had received credit for that particular course. The State argues that the proposed testimony by Bowman that the gun fired accidentally when it struck the vehicle was speculative at best. Further, the State contends that Bowman completely failed to demonstrate or explain the methods he used to arrive at the conclusion that the gun discharged accidentally. In addition, the State argues that even if it was error to refuse to allow Bowman to testify as an expert in shooting reconstruction that error was harmless. The State points out that Christian, partially through his own testimony, established the theory of an accidental shooting in the presence of the jury.

¶ 9. "A witness may testify as an expert if `qualified by virtue of his or her knowledge, skill, experience or education,' but only if `the witness's scientific, technical or other specialized knowledge [will] assist the trier of fact in understanding or deciding a fact in issue.'" Bowman v. CSX Transp., Inc.,

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Related

Williams v. State
30 So. 3d 375 (Court of Appeals of Mississippi, 2010)

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Bluebook (online)
998 So. 2d 1019, 2008 WL 3905965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christian-v-state-missctapp-2008.