Jackson v. State

784 So. 2d 180, 2001 WL 463338
CourtMississippi Supreme Court
DecidedMay 3, 2001
Docket1999-KA-01582-SCT
StatusPublished
Cited by18 cases

This text of 784 So. 2d 180 (Jackson 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
Jackson v. State, 784 So. 2d 180, 2001 WL 463338 (Mich. 2001).

Opinion

784 So.2d 180 (2001)

Randy Dale JACKSON
v.
STATE of Mississippi.

No. 1999-KA-01582-SCT.

Supreme Court of Mississippi.

May 3, 2001.

*181 Wesley Thomas Evans, Canton, for Appellant.

Office of the Attorney General by Judy T. Martin, for Appellee.

Before BANKS, P.J., MILLS and DIAZ, JJ.

MILLS, Justice, for the Court:

¶ 1. On February 24, 1999, Randy Dale Jackson was convicted in the Madison County Circuit Court of the May 11, 1997, murder of Henry "Val" Jackson. He was sentenced to life imprisonment. He timely perfected this appeal.

FACTS AND PROCEEDINGS BELOW

¶ 2. On May 11, 1997, Randy Dale Jackson (hereinafter "Jackson") was involved in an altercation with Henry "Val" Jackson (hereinafter "the victim") at a supermarket where the victim was employed. Jackson testified that the victim threatened him, hit him with his fist, slapped his face with a rubber boot, and kicked him out of the store. When the victim ejected Jackson *182 from the store, Jackson threatened him by saying, "I'm going to burn your ass."

¶ 3. Jackson then attempted to drive his car the 1.8 miles to his house for the admitted sole purpose of retrieving a gun. He ran his car into a ditch on the way, however, and was driven the remainder of the distance by a passing motorist. He testified that he was in a state of rage. Once Jackson retrieved his 20 gauge shotgun containing one cartridge of buckshot and two rounds of birdshot, he ran through the woods back to the store which took at least ten minutes. Upon returning to the store, Jackson yelled at the victim from outside. Jackson alleged that the victim reached for his pistol. Jackson testified that he pulled the trigger on his shotgun without aiming and shot the victim through the store's plate-glass window. Jackson stated that he did not realize the shot had hit the victim until Jackson was wrestled to the ground and held by his uncle Dwight Elmore, who was at the scene. Elmore's wife informed Jackson that the victim was hit.

¶ 4. Two witnesses, Ada Harris and Eugene White, Jr., testified that they were outside the store at the time of the shooting. Harris testified that Jackson walked up, tapped on the store window with a gun, and said to the victim, "I got you now, mother f* *ker." Jackson then shot once. White corroborated this testimony, although he could not hear exactly what Jackson said before firing the gun.

¶ 5. Tanya Branning was inside the store purchasing a pack of cigarettes from the victim at the time of the shooting. She testified that the victim had retrieved her cigarettes from the shelf behind him and was handing her the change from the transaction when Jackson appeared at the store window and said, "MF, I'm fixing to kill you." Jackson shot the victim immediately. Branning stated that the victim "did not reach for a gun. He did not have time."

¶ 6. At the close of the State's case, Jackson moved for directed verdict, which was denied. The jury returned a guilty verdict on February 23, 1999. A motion for new trial was subsequently filed and denied.

ANALYSIS

I. WHETHER THE PREJUDICIAL EFFECT OF THE INTRODUCTION OF ALLEGEDLY GRUESOME PHOTOGRAPHS OUTWEIGHED THEIR PROBATIVE VALUE AND CONSTITUTES REVERSIBLE ERROR BY THE TRIAL COURT.

¶ 7. Jackson contends that gruesome photographs of the victim were erroneously admitted as their prejudicial effect outweighed their probative value. The record reflects that three photographs of the victim were admitted at trial. S-3 depicts the portion of the victim's body that could be seen from in front of the store counter, as the body was found at the scene. S-7(a) depicts the clothed body of the victim with a closer view of the wounds, as the body arrived for autopsy. S-7(b) depicts a close-up of the wounds on the victim's unclothed body at autopsy.

¶ 8. Jackson argues that the testimony of Dr. Steven Hayne was sufficient to describe the victim's wounds and the cause of death. He contends that the photographs were gruesome and inflammatory and served only to prejudice Jackson's defense. Jackson asserts that the prejudicial effect of the photographs outweighed their probative value.

¶ 9. The admissibility of photographs generally lies within the sound discretion of the trial court; and, absent an abuse of discretion, the court's decision will be upheld on appeal. Taylor v. State, *183 672 So.2d 1246, 1270 (Miss.1996). As to probative value versus prejudice, this Court held in Foster v. State, 508 So.2d 1111, 1117-18 (Miss.1987), that because of the discretion vested in the trial court, the task of an appellate court reviewing a M.R.E. 403 ruling is not to re-engage in the Rule 403 balancing process. Rather, the task is simply to determine whether the trial court abused its discretion in weighing the factors and admitting or excluding the evidence. Id.

¶ 10. In support of his argument, Jackson cites the only case in which this Court has reversed based on the admission of gruesome photographs. See McNeal v. State, 551 So.2d 151 (Miss.1989). The photographs at issue in McNeal depicted a "full-color, close-up view of the [victim's] decomposed, maggot-infested skull." Id. at 159. This Court found the admission of these photographs violative of M.R.E. 403. The photographs in the case sub judice, though unpleasant, are not nearly so gruesome. Id.

¶ 11. Further, the photographs have considerable probative value. Photograph S-3 shows the close proximity of the victim to the window where the shot originated and also reveals the victim's relation to the cigarettes he was selling and to the cash register at the time of his death. S-7(a) and S-7(b) demonstrate the location and nature of the victim's wounds. In Edwards v. State, 737 So.2d 275, 304 (Miss. 1999), this Court upheld the admission of similar photographs since they "accurately depict[ed] the wounds inflicted upon the victims and the location and posture of the bodies at the scene of the crime."

¶ 12. The probative value of the photographs in the case sub judice far outweighed any prejudicial effect. Thus, the trial court did not abuse its discretion in admitting the photographs. We find Jackson's argument to be without merit.

II. WHETHER THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT REFUSED TO GRANT A DIRECTED VERDICT.

¶ 13. Jackson argues that the trial judge erred by refusing to grant a directed verdict. He asserts that he shot the victim in self defense and that he acted in the heat of passion. He contends that "the shooting did not take place with malice aforethought and with cool deliberation."

¶ 14. A motion for directed verdict challenges the sufficiency of the evidence. McClain v. State, 625 So.2d 774, 778 (Miss. 1993). In Wetz v. State 503 So.2d 803, 808 (Miss.1987), this Court reviewed the denial of a murder defendant's motion for directed verdict and stated:

[W]e must, with respect to each element of the offense, consider all of the evidence —not just the evidence which supports the case for the prosecution—in the light most favorable to the verdict. The credible evidence which is consistent with the guilt must be accepted as true. The prosecution must be given the benefit of all favorable inferences that may reasonably be drawn from the evidence. Matters regarding the weight and credibility to be accorded the evidence are to be resolved by the jury.

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Bluebook (online)
784 So. 2d 180, 2001 WL 463338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-state-miss-2001.