Lane v. State

841 So. 2d 1163, 2003 WL 245392
CourtCourt of Appeals of Mississippi
DecidedFebruary 4, 2003
Docket2001-KA-01820-COA
StatusPublished
Cited by3 cases

This text of 841 So. 2d 1163 (Lane 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
Lane v. State, 841 So. 2d 1163, 2003 WL 245392 (Mich. Ct. App. 2003).

Opinion

841 So.2d 1163 (2003)

Marshall LANE, Jr., Appellant,
v.
STATE of Mississippi, Appellee.

No. 2001-KA-01820-COA.

Court of Appeals of Mississippi.

February 4, 2003.
Rehearing Denied April 8, 2003.

*1164 John R. McNeal Jr., Jackson, attorney for appellant.

Office of the Attorney General by W. Glenn Watts, attorney for appellee.

Before McMILLIN, C.J., THOMAS, and CHANDLER, JJ.

THOMAS, J., for the court.

¶ 1. Marshall Lane, Jr. was convicted of shooting into a dwelling and was sentenced to serve a term of ten years in the custody of the Mississippi Department of Corrections and pay all court costs, statutory fees, and assessments in the amount of $623. Aggrieved, he asserts the following issues:

I. THE TRIAL COURT ERRED IN ITS RULING ON LANE'S MOTION *1165 IN LIMINE WHICH SERVED TO DENY LANE HIS RIGHT TO TESTIFY.

II. THE TRIAL COURT ERRED IN ALLOWING THE TESTIMONY OF DEPUTY WYMAN CONCERNING MATTERS THAT SHOULD BE STRICTLY RESERVED FOR EXPERTS.

III. THE TRIAL COURT ERRED IN DENYING TO DECLARE A MISTRIAL AFTER STATE'S WITNESS GLORIA STATON TESTIFIED CONTRARY TO COURT'S RULING ON LANE'S MOTION IN LIMINE AND FURTHER ERRED IN FAILING TO INSTRUCT THE JURY TO DISREGARD MS. STATON'S TESTIMONY SO AS TO MINIMIZE PREJUDICE.

IV. THE TRIAL COURT ERRED IN NOT GRANTING LANE'S MOTION FOR DIRECTED VERDICT AT THE CLOSE OF THE STATE'S CASE, HIS MOTION FOR JNOV, OR IN THE ALTERNATIVE, NEW TRIAL AT THE END OF LANE'S CASE, AND IN FAILING TO GRANT LANE A PEREMPTORY INSTRUCTION.

Finding no error, we affirm.

FACTS

¶ 2. On November 15, 1999, Candie Staton was in the kitchen of the house owned by her mother, Gloria, and in which she lived along with her son, her mother, her brothers, and her grandfather. Candie Staton testified that sometime after sunset the lights in the house went out. She then saw the appellant, Marshall Lane, run past the window in the kitchen. Candie attempted to use the phone but the line was dead. She gathered her family together because they were afraid, and she testified that a gunshot was heard along with the sound of breaking glass. When another gunshot sounded like it was at the back of the house, Candie and her family all ran out the front of the house to a neighbor's home. Candie's eighteen year old brother, James, testified that when leaving the yard he saw Marshall Lane at the back of the house.

¶ 3. Madison County Deputy Cline Wyman arrived at the Staton home shortly after 6 p.m. Wyman testified that he found blast holes in two different windows on the house with glass on the floor inside, a damaged light fixture in the home, and what appeared to be wadding from a small gauge shotgun inside the home. Wyman found the power to be off at the house and the telephone line cut. Lane objected to Wyman's testimony about the shotgun wad and that it was part of a shotgun shell, asserting that Wyman was not qualified as an expert witness on firearms and ammunition. The trial judge overruled this objection based on the grounds that Wyman was testifying as to what he had observed at the house. No more evidence was collected from the scene because the house burned later that night, destroying all of the evidence.

¶ 4. Lane did not testify in his own defense, but his mother did testify that he had been drinking and that she had instructed him to go to bed. Although she was not home at the time of the alleged shooting, she testified that Lane's car was inoperable and that he would not have had any way to get to the Staton home which was eight miles away. In rebuttal, the State called Diane Johnson who testified that she saw Lane at her store in Jackson on the day of the shooting, over twenty miles from Lane's mother's house.

¶ 5. James and Gloria Staton were also called in rebuttal. James Staton testified *1166 that he saw Lane driving his car on the day of the shooting. Gloria Staton also testified to seeing Lane in his car on the day of the shooting, when he came to her house earlier that day. On cross-examination, defense counsel asked Staton how long Lane was at her house, and she responded that it was not long and that Lane attacked her. Lane had been convicted of an assault on Gloria Staton that occurred on the morning of the shooting and the defense moved for a mistrial due to the testimony of Staton and her reference to previous bad acts. The trial court denied the motion for mistrial.

¶ 6. At the close of trial, the jury found Lane guilty of shooting into a dwelling and he was sentenced to ten years in the custody of the Mississippi Department of Corrections and to pay all court costs, statutory fees, and assessments in the amount of $623. Lane moved for a JNOV or a new trial and a hearing was held. At this hearing, Lane argued for the first time that he was denied the right to testify because of the trial court's ruling under M.R.E. 609 regarding his motion in limine. After hearing from both the defense and the prosecution, the trial court denied Lane's motion.

ANALYSIS

I. DID THE TRIAL COURT ERR IN ITS RULING ON LANE'S MOTION IN LIMINE AND DID IT SERVE TO DENY LANE HIS RIGHT TO TESTIFY?

¶ 7. Lane argues that the trial court erred in its ruling on his motion in limine where the trial court informed Lane that the prosecution would be able to question him about any felony record during the last ten years if he chose to testify. Lane asserts that the trial court should have informed him that the other convictions could not have been used against him unless they were determined more relevant than prejudicial under the five factors set forth in Peterson v. State, 518 So.2d 632, 636 (Miss.1987). By not informing him of the State's burden, Lane claims that his ability to defend himself was hampered due to an altered trial strategy and the inability to advance his own defense by not taking the stand.

¶ 8. The State points this Court to the record, where Lane failed to make a contemporaneous objection. An issue is waived on appeal where there was no contemporaneous objection. Russell v. State, 607 So.2d 1107, 1117 (Miss.1992). Our supreme court has held that in such a case to properly preserve the issue for appellate review the defendant must preserve for the record "substantial and detailed evidence of the testimony he would have given." Heidelberg v. State, 584 So.2d 393, 395 (Miss.1991) (quoting Saucier v. State, 562 So.2d 1238, 1245 (Miss.1990)) (overruled on other grounds). Lane failed to proffer anything evidencing his testimony. Therefore, he has failed to properly preserve this issue for appeal.

¶ 9. The procedural bar notwithstanding, Lane's argument is still without merit. The record includes no indications that Lane wanted to testify. Lane had an extensive criminal record, and he did choose to provide a defense in the form of the alibi testimony of his mother. This case is similar to Walker v. State, 823 So.2d 557, 561(¶ 6) (Miss.Ct.App.2002), wherein this Court held that there was no suggestion in the record that Walker indicated a desire to testify and there was nothing to support his claim to have been denied the right to testify. This issue is without merit.

II. DID THE TRIAL COURT ERR IN ALLOWING THE TESTIMONY OF DEPUTY WYMAN AND *1167 SHOULD HIS TESTIMONY BE STRICTLY RESERVED FOR AN EXPERT?

¶ 10. Lane argues that the trial court erred in allowing Deputy Wyman to testify about the items he found inside the Staton home. Wyman testified regarding shotgun wads found inside the Staton home, and Lane made an objection which was overruled by the trial judge.

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

Related

Delbert Keyes v. State of Mississippi
Court of Appeals of Mississippi, 2018
Smith v. State
28 So. 3d 678 (Court of Appeals of Mississippi, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
841 So. 2d 1163, 2003 WL 245392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lane-v-state-missctapp-2003.