Jones v. State

678 So. 2d 707, 1996 WL 414194
CourtMississippi Supreme Court
DecidedJuly 25, 1996
Docket91-KA-01276-SCT, 92-KA-00190-SCT
StatusPublished
Cited by28 cases

This text of 678 So. 2d 707 (Jones 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
Jones v. State, 678 So. 2d 707, 1996 WL 414194 (Mich. 1996).

Opinion

678 So.2d 707 (1996)

Frazier Lee JONES
v.
STATE of Mississippi.
Sue Ann JONES
v.
STATE of Mississippi.

Nos. 91-KA-01276-SCT, 92-KA-00190-SCT.

Supreme Court of Mississippi.

July 25, 1996.

*708 David A. Stephenson, Meridian, Anthony H. Oglesby, Waynesboro, George S. Shaddock, Pascagoula, for Appellants.

Michael C. Moore, Atty. Gen., Deirdre McCrory, Jean Smith Vaughan, Sp. Asst. Attys. Gen., Jackson, for Appellee.

En Banc.

PITTMAN, Justice, for the Court:

Appellants, Sue Ann Jones, and her husband, Frazier Lee Jones, were found guilty of the crime of manslaughter, while engaged in the crime of child abuse/neglect. Miss. Code Ann. §§ 97-3-29 and 97-5-39 (1972). Sue Ann and Frazier Lee appealed this decision based on several assignments of error. Finding that the testimony of a public welfare worker was improperly admitted and exceeded the witness' knowledge, thereby creating undue prejudice, we reverse and remand.

I.

On August 30, 1989, Shanquie Monae Jones [hereinafter "Monae"] was brought into the emergency room at Watkins Hospital in Quitman County. Monae was the daughter of Frazier Lee and Sue Ann Jones. After an examination, the doctor on duty determined Monae was suffering from a ruptured colon. Monae was transferred to Anderson Memorial Hospital for examination and treatment by a pediatrician. While at Anderson, Monae went into cardiovascular arrest and died at the age of eleven months.

Sue Ann and Frazier Lee Jones, were indicted for manslaughter committed while engaged in the crime of child abuse/neglect. The trial proceeded on two theories; the State attempted to show that the child died either as a result of medical neglect and/or malnourishment or from cocaine in her system resulting from culpable negligence on the part of defendants.

At trial, the physician/pathologist who performed the autopsy determined there were two causes of death: 1) a perforation in the colon causing infection of the abdominal cavity; and 2) elevated levels of cocaine in the infant's bloodstream. The doctor stated that Monae's abdomen could have been in this *709 condition anywhere from 24 to 72 hours before her death. Furthermore, he testified that this condition would have been noticeable or visible due to the swelling and rigidity.

The State presented several witnesses who described Monae's malnourished and swollen condition. They also produced a toxicologist who testified to the means and methods by which cocaine could have entered the blood stream, including, oral ingestion, intravenous injection and passive ingestion, which is similar to passive smoke inhalation. There was also inference made to a small child finding a rock of crack cocaine and swallowing it, which would create a high level of the drug within the blood stream.

The defense countered with testimony by Sue Ann that she did not use drugs and had never seen her husband use them. A neighbor and Sue Ann's sister also testified that they did not know of Sue Ann or Frazier ever using drugs and that they were good parents.

The defense assigns several errors. Upon consideration of these issues, we find only one issue, the testimony of Carolyn Smith, merits reversal of the trial court's decision.

We would at the outset note the difficulty in trying these two cases together and recommend on remand that the trial court again consider severance. Failure to sever is raised as error only by Frazier Lee and he does not sufficiently show prejudice in this record to cause reversal on that issue. We do not direct severance.

II.

Frazier Lee and Sue Ann argue that the testimony of Carolyn Smith, the welfare worker, created undue prejudice and constitutes reversible error. Specifically, they argue that Smith's testimony was beyond her knowledge or expertise.

During the course of her investigation, Smith viewed the child's records and medical reports. She testified that Sue Ann was not reliable about taking her children to the Health Department when she was supposed to. In addition, she stated that she was certain the cocaine found in Monae's blood stream resulted from vaporization. Smith testified that she learned this information from the chemist involved in the case after the trial began. However, neither that chemist nor any other expert testified as to the vaporization process. The only reference made to that was by Sam Howell, the toxicologist, who discussed it as one of several ways in which the cocaine could have entered the infant's blood stream. The defense objected at trial to Smith's testimony concerning how the cocaine got in Monae's blood on the grounds that she had no knowledge on which to base such an opinion. The trial court allowed the testimony, and Sue Ann maintains this is reversible error. The State argues only that Smith's testimony was cumulative and previously admitted via the other witnesses' testimony, therefore its admission was harmless.

Smith testified as follows:

Q: In other words, you saw, in your opinion, that the mother loved the child and that she would not have done anything to harm it... . That if it was, in fact neglect, it was through ignorance rather than intentionally.

A: That's what I thought until yesterday when I found out a little bit more about cocaine... . I would say that I did not feel that Sue Ann Jones was responsible for the child's death until yesterday. This was a big mystery to me. Nobody knows how this child got cocaine, and yet she died of an overdose.

BY MR. STEPHENSON:

Your Honor, I'm going to object to her saying whether or not she felt somebody was responsible or not responsible. That's what the Jury is here for. She is obviously not qualified about that... .

BY THE COURT:

I think the question was asked generally about what she is responding to. Overruled.
* * * * * *

Q: You did understand prior to yesterday that a child could ingest cocaine through food or from milk or something like that?

*710 A: I didn't know how the child got it. I was of the opinion that it was through being mixed in the formula ... I had no idea it was vaporized.

Q: Why does that change your opinion of whether Sue Ann would have — even though I know your opinion is not a medical opinion — about how the cocaine got in there... .

A: Because I feel certain that that's how the child got an overdose of cocaine through vaporization.

Your Honor, I object. Her opinion is based on absolutely nothing. She can't just give that to the Jury just because she believes something unless she's going to base an opinion on something. That's totally improper.

BY THE COURT: Objection overruled.

Q: Ms. Smith, it escapes me how you can be certain that the child got cocaine through a vaporizer.

A: Well, the child couldn't reach out, she couldn't crawl and pick it up off the floor, ... she couldn't feed it to herself. Somebody — she had to get it from some adult. I don't think Sue Ann would give this child poison.

Your Honor, I object. She can go so far, but, I mean, she can't sit here and reenact — I mean to say it had to get it from an adult? That's not true. She can get it from the floor, can get it from a child —

BY THE COURT: Objection is overruled.

Mrs. Smith testified to something of which she had no personal knowledge.

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Cite This Page — Counsel Stack

Bluebook (online)
678 So. 2d 707, 1996 WL 414194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-miss-1996.