Hampton v. State

910 So. 2d 651, 2005 WL 528348
CourtCourt of Appeals of Mississippi
DecidedMarch 8, 2005
Docket2003-KA-02512-COA
StatusPublished
Cited by7 cases

This text of 910 So. 2d 651 (Hampton 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
Hampton v. State, 910 So. 2d 651, 2005 WL 528348 (Mich. Ct. App. 2005).

Opinion

910 So.2d 651 (2005)

Johnny Lee HAMPTON, Appellant,
v.
STATE of Mississippi, Appellee.

No. 2003-KA-02512-COA.

Court of Appeals of Mississippi.

March 8, 2005.

*652 W. Ellis Pittman, attorney for appellee.

Office of the Attorney General by Billy L. Gore, attorney for appellant.

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

LEE, P.J., for the Court.

PROCEDURAL HISTORY

¶ 1. On September 4, 2003, a jury in the Panola County Circuit Court found Johnny Lee Hampton guilty of aggravated assault upon Cheryl Chapman. Hampton was then sentenced to twenty years in the custody of the Mississippi Department of Corrections, with fifteen years to serve and five years suspended. Hampton filed a motion for judgment of acquittal notwithstanding the verdict or, in the alternative, a new trial. The trial court denied his motion. Hampton now appeals to this Court asserting the following issues: (1) the trial court erred in admitting into evidence Chapman's statement that Hampton attempted to rape her during the altercation when that statement was not provided to Hampton prior to trial; (2) the trial court erred in admitting the testimony of *653 Deputy Sheriff Gerald White; (3) the trial court erred in denying his motion for a mistrial during Deputy White's testimony; (4) the trial court erred in allowing evidence of other bad acts, including Hampton's statement to Chapman that he was going to rape her and her five year old daughter; (5) the jury was not properly instructed as to the elements of aggravated assault; (6) the trial court erred in allowing witnesses to testify as to matters not disclosed to him prior to trial; (7) the trial court erred in granting a jury instruction stating that an aggressor is not entitled to self-defense; (8) the trial court erred in admitting hearsay evidence; and (9) the prosecutor made prejudicial remarks about him, rendering the trial fundamentally unfair. Finding no error, we affirm.

FACTS

¶ 2. On July 12, 2002, a dispatcher at the Panola County Sheriff's Department received a call at approximately 11:15 p.m. concerning a disturbance in the Greenbriar Subdivision. The caller, Christy Glover, stated that Hampton was attacking Chapman, his girlfriend. Evidently, Hampton and Chapman began arguing in their mobile home, an argument which quickly escalated to violence. Chapman testified that Hampton began to assault her and chase her through the mobile home. Chapman made it to the yard, after which she felt Hampton grab her from behind and stab her in the back with a knife. At some point, they both struggled to gain control of the knife. Hampton then proceeded to drag Chapman through the yard by her clothing, which was eventually ripped from her body. Hampton also assaulted Chapman with a brick, a 2 × 4, a tire rim, tires, and his hands and fists. There was testimony that Hampton threatened to kill Chapman and anyone else who tried to call the police.

¶ 3. After the fight broke up, Chapman was admitted to the emergency room at the Tri Lakes Medical Facility in Batesville, Mississippi, where she was treated for lacerations of her right upper eyelid and her left eyebrow, both of which required sutures; contusions and abrasions on both sides of her head; scrapes and abrasions of the skin around her neck; scrape wounds on her right arm; wounds on her left breast; a stab wound in the right upper back above the scapula; and abrasions on her lower abdomen and her toes. Chapman also had two lower teeth knocked out.

¶ 4. Hampton testified that Chapman was the initial aggressor and that he did not cause her injuries. Hampton was also treated in the emergency room for lacerations, a human bite which punctured his right thumb, stab wounds, and a strained lower back.

DISCUSSION OF ISSUES

I. DID THE TRIAL COURT ERR IN ADMITTING INTO EVIDENCE CHAPMAN'S STATEMENT THAT HAMPTON ATTEMPTED TO RAPE HER DURING THE ALTERCATION WHEN THAT STATEMENT WAS NOT PROVIDED TO HAMPTON PRIOR TO TRIAL?
VI. DID THE TRIAL COURT ERR IN ALLOWING WITNESSES TO TESTIFY AS TO MATTERS NOT DISCLOSED TO HAMPTON PRIOR TO TRIAL?

¶ 5. As Hampton's first and sixth issues discuss discovery violations, we will address them together. The trial court has substantial discretion in dealing with discovery matters. Gray v. State, 799 So.2d 53(¶ 26) (Miss.2001). Hampton's first discovery issue pertains to a statement made by Chapman during her direct *654 testimony. Chapman stated that Hampton said he was going to rape her and then cut her. Hampton objected, arguing that this particular statement was not included in the transcript of Chapman's statement to the police. After considering the matter, the trial court responded that there was no discovery violation as the State had provided Hampton the transcripts of the recorded statement made by Chapman to the police months before the trial commenced. The trial court further stated:

To require the State to furnish a script of a witness' [sic] testimony is incomprehensible. I've never seen it done in this court or any other court. The witness is going to be here for cross-examination. He has the transcription of her recorded statement. I don't know what else the State could have done.
I don't find a discovery violation, Mr. Shah. I've never seen a person get on the stand in any courtroom and testify precisely what was in a recorded statement. She's here for cross-examination. You've had the name and the list of witnesses for ample time for whatever investigation you wanted to conduct. I don't find a discovery violation.

¶ 6. As this matter was clearly within the discretion of the trial court, we agree with the trial court's determination in regards to Chapman's statement.

¶ 7. Concerning his other discovery issue, Hampton states that the trial court allowed each witness of the State to testify to matters that were not contained in their prior statements provided to Hampton during discovery. Hampton states that the particular statements were prejudicial and contrary to the rules of discovery. Although Hampton cites some law pertaining to this issue, he fails to identify either the witnesses or the specific testimony of which he complains. We are disinclined to peruse the record in order to find every instance Hampton objected to testimony by a witness for the State to determine whether their testimony conformed to their prior statements and whether any prejudicial testimony was in fact elicited. We find these issues to be without merit.

II. DID THE TRIAL COURT ERR IN ADMITTING THE TESTIMONY OF DEPUTY SHERIFF GERALD WHITE?
III. DID THE TRIAL COURT ERR IN DENYING HIS MOTION FOR A MISTRIAL DURING DEPUTY WHITE'S TESTIMONY?

¶ 8. As Hampton's second and third issues concern the testimony of Deputy White, we will discuss them together. Hampton argues that a portion of Deputy White's testimony was not presented to him prior to trial and that the admission of such testimony warranted a mistrial. During White's testimony of his pursuit and arrest of Hampton, Hampton made a general objection and there was a bench conference, which was not recorded. After the objection and conference, the testimony proceeded. At the end of White's testimony and cross-examination by Hampton, Hampton requested another conference with the trial court and, outside the presence of the jury, Hampton objected to White's testimony and asked that a mistrial be granted.

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Cite This Page — Counsel Stack

Bluebook (online)
910 So. 2d 651, 2005 WL 528348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hampton-v-state-missctapp-2005.