Flaggs v. State

999 So. 2d 393, 2008 WL 2169747
CourtCourt of Appeals of Mississippi
DecidedMay 27, 2008
Docket2006-KA-01702-COA
StatusPublished
Cited by12 cases

This text of 999 So. 2d 393 (Flaggs 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
Flaggs v. State, 999 So. 2d 393, 2008 WL 2169747 (Mich. Ct. App. 2008).

Opinion

999 So.2d 393 (2008)

Tavares Antoine FLAGGS, Appellant,
v.
STATE of Mississippi, Appellee.

No. 2006-KA-01702-COA.

Court of Appeals of Mississippi.

May 27, 2008.
Rehearing Denied October 14, 2008.
Certiorari Denied January 22, 2009.

*395 Donald W. Boykin, Jackson, William R. Labarre, attorneys for appellant.

Office of the Attorney General by Deirdre McCrory, Charles W. Maris, attorneys for appellee.

Before LEE, P.J., BARNES and ISHEE, JJ.

BARNES, J., for the Court.

¶ 1. Tavares Antoine Flaggs was convicted in the Circuit Court of Hinds County of murder and sentenced to a term of life imprisonment. Aggrieved, he now appeals, arguing that the trial court erred in (1) denying his motion for a continuance; (2) granting the State's challenge for cause of one juror, but denying his challenge for cause as to another; and (3) allowing the introduction of certain challenged evidence. Finding no reversible error, we affirm.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

¶ 2. On October 12, 2005, a grand jury in Hinds County indicted Flaggs for the murder of Derrick Wright pursuant to Mississippi Code Annotated section 97-3-19(1) (Rev.2006). Flaggs pleaded not guilty. On July 24, 2006, in the Circuit Court of Hinds County, Flaggs's three-day jury trial began. The State called ten witnesses in its case-in-chief, and the defense called no witnesses.

¶ 3. On the first day of the trial, Flaggs's attorney moved for a two-week continuance so that he could obtain the results of a toxicology screen that was being performed on Wright's blood. The attorney argued that Flaggs had alleged that he and Wright were smoking cocaine at the time of Wright's death, and therefore, the results of the toxicology report were necessary to corroborate this allegation and Flaggs's contention that Wright was the initial aggressor. The attorney for the State responded that, in preparing for the case, he had noticed that a toxicology screen had not been performed on Wright's blood; so he ordered one. However, the results were not available when the trial began. The State objected to the continuance on the grounds that the toxicology report was work product that the State was not required to create for the defendant. The State also argued that the existence of the blood had been noted in the file since the beginning of the case, yet the defense did not request any testing until the week before the trial and after the State had already ordered the toxicology screen. Flaggs's attorney countered that he had no reason to believe that the screen had not been performed.

¶ 4. The trial judge denied the motion for a continuance, stating that the prosecution is not obligated to test every item of evidence that is collected. The trial court further reasoned that the defense had been on notice since December of the previous year that the blood was collected and that there was not a toxicology report in *396 the discovery. The trial judge noted that the fact that Wright may have been on cocaine at the time of the incident in question did not automatically result in the conclusion that he was the initial aggressor, stating that in order to be probative on the issue of self-defense, there had to be a link other than the mere fact that Wright was on cocaine.

¶ 5. Flaggs's attorney also filed a motion in limine on the first day of trial regarding the State's intention to introduce into evidence a post-shoulder-surgery apparatus purportedly worn by Wright prior to his death. He renewed his objection immediately prior to opening statements. Defense counsel argued that he only learned of the existence of the apparatus the day before the trial. This fact was admitted by the assistant district attorney, who indicated that the apparatus was not brought to his attention until the previous day. The trial court denied the motion in limine, finding that the apparatus was probative in that it corroborated that Wright received some type of medical treatment on his shoulder. The trial court further found that, because the State had just learned of the apparatus on the previous day, there was no discovery violation; therefore, the Box procedure was not triggered.[1]

¶ 6. During voir dire, prospective juror Johnny E. Byrd stated that as a result of his job as a business system analyst for the City of Jackson, he knew most of the detectives in the Jackson Police Department, including Amos Clinton and Perry Tate, both of whom were potential witnesses in the trial. He also stated that he knew Dr. Steven Hayne, the medical examiner who performed the autopsy on Wright's body. Byrd repeatedly stated that he could be fair and impartial. When asked if viewing graphic pictures would have an effect on him, Byrd replied that as a part of his duties with the police department, he may have inadvertently seen graphic pictures, but he did not try to remember particular pictures and that the pictures would not have an effect on him. Flaggs challenged Byrd for cause on the ground that he could be not fair and impartial given his knowledge of the individuals involved in the case. The trial judge denied the challenge based on Byrd's repeated assurances that he could be fair and impartial.

¶ 7. In light of his responses during voir dire regarding whether he had ever been arrested, prospective juror Willie D. Sutton was recalled by the State and questioned further. When asked whether he understood the attorney's question, Sutton responded that he did not and that he did not know what the attorney was talking about. He stated that he did not really know what the word "arrest" meant. When asked if he thought he would be able to follow the proceedings in the case, he replied that he could not. When asked again if he could assure the attorney and the court that he would be able to follow the proceedings, he shook his head negatively. Flaggs's attorney then questioned Sutton regarding his arrest. When defense counsel asked Sutton if he was convicted of arson, Sutton asked what the attorney meant and then stated that his case had been thrown out of court. He could not say whether he was prosecuted in youth court or circuit court. The State challenged Sutton for cause, and the trial judge granted the challenge.

¶ 8. The evidence presented at trial established that, on April 25, 2005, Wright *397 was found dead in his apartment. His brother, Christopher Wright (Christopher); Christopher's wife Linda; and a friend, James Archie (Archie), went to Wright's apartment in Jackson, Mississippi after Wright's mother and cousin became concerned that they had not seen or heard from him in some time. The doors to the apartment were locked, and Wright did not answer; so Christopher and Archie entered through a window. Upon entering, they smelled a bad odor. Archie subsequently saw Wright lying on the floor covered in blood with what looked like cut marks all over him. Archie, Christopher, and Linda called the Jackson Police Department (JPD) and waited outside for them for approximately an hour before Christopher reentered the apartment. He saw Wright's body lying on the floor with his body turned to the side and his hands raised in the air. The three made sure not to touch anything in the apartment before the police arrived.

¶ 9. Officer Robert Jackson of the JPD was dispatched to the apartment. Upon entering, Jackson observed Wright dead on the floor on his back with his hands up. He observed faint footsteps that appeared to be in blood extending from the hallway to the walk-in closet and a white t-shirt that appeared to be soaked in blood.

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

Related

Akeem Rasheed v. State of Mississippi
Court of Appeals of Mississippi, 2017
Kadarius White v. State of Mississippi
223 So. 3d 859 (Court of Appeals of Mississippi, 2017)
Charles L. Kuebler v. State of Mississippi
205 So. 3d 623 (Court of Appeals of Mississippi, 2015)
Townes v. State
93 So. 3d 895 (Court of Appeals of Mississippi, 2012)
McKeown v. Pitcock
79 So. 3d 520 (Court of Appeals of Mississippi, 2011)
Brown v. State
33 So. 3d 1134 (Court of Appeals of Mississippi, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
999 So. 2d 393, 2008 WL 2169747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flaggs-v-state-missctapp-2008.