Lacy v. State

700 So. 2d 602, 1997 WL 619709
CourtMississippi Supreme Court
DecidedOctober 9, 1997
Docket95-CT-00480-SCT
StatusPublished
Cited by26 cases

This text of 700 So. 2d 602 (Lacy 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
Lacy v. State, 700 So. 2d 602, 1997 WL 619709 (Mich. 1997).

Opinion

700 So.2d 602 (1997)

Calvin LACY
v.
STATE of Mississippi.

No. 95-CT-00480-SCT.

Supreme Court of Mississippi.

October 9, 1997.

*603 Charles R. Mullins, Merrida Coxwell, Keyes Danks Coxwell & Leonard, Jackson, for Appellant.

Michael C. Moore, Atty. Gen., Jackson; Jolene M. Lowry, Jean Smith Vaughan, Sp. Asst. Attys. Gen., Jackson, for Appellee.

En Banc.

*604 ON PETITION FOR WRIT OF CERTIORARI

JAMES L. ROBERTS, Jr., Justice, for the Court:

¶ 1. Calvin Lacy was convicted of manslaughter and sentenced to twenty years with the Mississippi Department of Corrections, with five years suspended and fifteen years to serve. On appeal, Lacy raised as issues the trial court's failure to admit the co-defendant's confession into evidence and ineffective assistance of counsel. The Court of Appeals found no merit in either claim and affirmed the conviction and sentence. After denial of his motion for rehearing Lacy filed this petition for certiorari, asserting that the Court of Appeals erred both in finding that the confession of the co-defendant was properly excluded and that the issue had been waived for failure to object at trial to the judge's ruling, and in failing to recognize the ineffectiveness of trial counsel.

¶ 2. In view of our holding as to the first issue, it is not necessary that we consider the claim of ineffective assistance of counsel.

Facts

¶ 3. When leaving his aunt's house, Calvin Lacy backed his car into a car belonging to Willie Brown's fiancee. Lacy was in the process of leaving his name and other information with bystanders when Brown arrived on the scene. Brown and Lacy talked about the problem, and Lacy left. He then went to his mother's house and told her and his brother John what had happened. John and Calvin then went back to the scene in John's car. Calvin exited the car and soon became involved in a fight with Brown. John got out of the car and fired two shots in the air from a nine millimeter pistol in order to stop the fighting. Testimony as to what happened next is disputed; some say that Calvin took the gun from his brother and shot Brown as he was returning from his house after getting his own gun. Others say that Lacy went to the car and Brown went into his home, returning to the door with a gun. The question at the center of the case is whether John or Calvin fired the shots. All agreed that shots were fired from John Lacy's car as it left the scene. Brown died of a gunshot wound to the chest.

¶ 4. According to Calvin and his mother, John called her later that evening and told her that he had shot Brown. She in turn called attorney Richard Rehfeldt, and John and Calvin went to the police station with him the next day, both giving statements. Thereafter they were jointly indicted for Brown's murder. It is the initial statement of John Lacy, in which he confessed to the shooting, that counsel believes should have been admitted at trial.

¶ 5. In addressing the admissibility of the statement, the Court of Appeals found that the trial court had employed the proper legal standard in making its decision and that it did not abuse its discretion. The Court of Appeals further concluded that Lacy never presented the trial court with corroboration required for admission under Miss.R.Evid. 804(b)(3), and that he never objected to the trial court's decision, thereby waiving his right to raise it as error on appeal.

Discussion

¶ 6. John's written statement, given in the presence of attorney Rehfeldt, when John and Calvin turned themselves in to authorities, confessed to the shooting. It appears that John initially pled guilty and later withdrew the plea. Although this was pointed out to the trial court after the jury rendered its verdict, the guilty plea was not offered in evidence. At trial, Calvin Lacy was represented by Jimmie Marshall who advised the court that he planned to request admission of the confession of John Lacy as an exception to the hearsay rule. Marshall planned to introduce the statement pursuant to Miss. R.Evid. 804(b)(3), Statement Against Interest, which allows, as an exception to the hearsay rule:

A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject him to civil or criminal liability, or to render invalid a claim by him against another, that a reasonable man in his position would not have made the statement unless he believed it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible *605 unless corroborating circumstances clearly indicate the trustworthiness of the statement.

¶ 7. Mr. Marshall argued that Rule 804(b)(3) was applicable because the witness, John, would be an unavailable witness upon claiming his Fifth Amendment privilege not to testify. In support of that position, he directed the judge's attention to Hooker v. State, 516 So.2d 1349 (Miss. 1987).

¶ 8. The State objected claiming that the statement was inadmissible under the rule. Lacy's counsel merely argued that the purpose of the rule was to admit statements such as John's and that no rational person would make a statement like this if it were not true. The trial court gave the following reasons for denying the admission of the statement:

THE COURT: Well, he would make that statement if the brother is on trial first and if his statement comes in to exculpate his brother and his brother was not convicted, and then he goes on trial the next day and doesn't make any statement at all, and then he doesn't get convicted either, wouldn't it be in his interest to have his statement come in and hear it and exculpate his brother, have his brother acquitted, and then have his trial and not offer any statement whatsoever with the hope that he too would be acquitted and then nobody gets convicted for the murder? Then wouldn't that be the reason to have that statement come in this trial like that, and isn't that exactly what 804(b)(3) seeks to guard against? That seems to be what it is saying.
MR. MARSHALL: Your Honor, I don't think — disagree with the Court. I think this is exactly what the Rule is designed to do is to allow as an exception.
THE COURT: All right. The motion to exclude the statement is granted. It may be premature, because we may not get to that, but we have dealt with the issue, we have thrashed out the argument. And if it's offered, it's going to be excluded based on a motion to exclude and citing 804(b)(3) as the reason.

¶ 9. At this point, counsel for Lacy argued no further regarding the statement but proceeded with the defendant's case. After calling Darren Hill, a friend who had been with Lacy the evening of the shooting, defense counsel called John Lacy to the stand. John answered general questions as well as a few questions about his activities just prior to the shooting but when asked directly about what happened at the scene he pled the Fifth Amendment. Counsel for Lacy continued to ask questions about the shooting, and John continued to invoke the privilege. The State objected, claiming that counsel was trying to get statements in "through the back door." The court sustained the State's objection. Defense counsel then stated, "Your Honor, at this point, then, I will renew my motion to have the statement admitted into evidence under Rule 804." The court replied, "All right. A record has been made in connection with that motion. The motion is denied for reasons previously stated."

¶ 10.

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Cite This Page — Counsel Stack

Bluebook (online)
700 So. 2d 602, 1997 WL 619709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lacy-v-state-miss-1997.