Robinson v. State

940 So. 2d 235, 2006 WL 2975653
CourtMississippi Supreme Court
DecidedOctober 19, 2006
Docket2005-KA-01676-SCT
StatusPublished
Cited by38 cases

This text of 940 So. 2d 235 (Robinson 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
Robinson v. State, 940 So. 2d 235, 2006 WL 2975653 (Mich. 2006).

Opinion

940 So.2d 235 (2006)

Lorenzo ROBINSON a/k/a Tymoochie
v.
STATE of Mississippi.

No. 2005-KA-01676-SCT.

Supreme Court of Mississippi.

October 19, 2006.

*236 Allan D. Shackelford, Clarksdale, attorney for appellant.

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

EN BANC.

SMITH, Chief Justice, for the Court.

¶ 1. This case comes to this Court on appeal from the Circuit Court of Coahoma County, by Lorenzo Robinson. Robinson seeks review of the trial court's decision allowing testimony by witness Norman Starks concerning Robinson's alleged gang connection and the admission of a prior inconsistent statement by witness Tiffany Marion, also concerning Robinson's alleged connection to gang activity. Further, Robinson seeks review of the trial court's denial of his motion for judgment not withstanding the verdict or in the alternative a new trial, asserting the verdict was against the overwhelming weight of the evidence. We hold that the circuit court did not abuse its discretion in denying Robinson's motion for J.N.O.V. or a new trial.

FACTS AND PROCEDURAL HISTORY

¶ 2. This appeal arises from two separate shootings of the victim Andrew Hampton. Robinson was indicted for aggravated assault of Hampton on June 3, 2003 following the initial shooting of Hampton which occurred on October 2, 2002. This case was set to go to trial on July 28, 2003. However, on July 19, 2003, Hampton was shot and killed on Garfield Street in Clarksdale. On November 30, 2004, Robinson was indicted by a grand jury for aggravated assault and two counts of conspiracy to commit murder. Robinson was subsequently tried for aggravated assault and conspiracy to commit the murder of Hampton and witness Peppie Deon Wright.

¶ 3. At trial, Wright testified that he saw defendant Robinson shoot Hampton in the *237 buttocks in the first shooting incident. It was stipulated for the record that a bullet was removed from Hampton's buttocks during the autopsy. Witness Michael Ingram testified that he was a member of the "Mafia Insane Vice Lord Gang" (hereinafter referred to as "the Mafia gang") along with Robinson, Kenyon Evans and George Johnson. Ingram testified that he witnessed a conversation in which Robinson told Evans he was going to pay Hampton $5,000 to avoid being tried for aggravated assault on July 18, 2003. Ingram testified that Evans said "I'll take care of that," to which Robinson responded "all right." Ingram further testified that he agreed to ride with Evans and Johnson, after some protest, to the crime scene where Hampton was murdered in the second shooting. Ingram testified that he was behind a building at the crime scene when he heard about thirteen shots. When he saw Hampton lying on the street, he ran home without returning to the car with the other members. He further testified that Robinson called him shortly after the shooting and told him "don't run your mouth." Evans also admitted that he was a member of the Mafia gang along with Robinson and Ingram. Although he testified that Robinson had not been in the Mafia gang for approximately the past four years. Evans also testified that he shot and killed Hampton and plead guilty to Hampton's murder and conspiracy to commit murder.

¶ 4. Sergeant Norman Starks, an investigator with the Clarksdale Police Department, testified about his investigation of the initial shooting (aggravated assault) of Hampton. He testified to interviewing Robinson, Evans and Johnson, as well as others associated with the incident. Based on these interviews and other evidence, he believed all men were members of the Mafia gang, which had been in existence in Clarksdale for approximately eight years. Starks testified that in addition to the information gained through interviewing these men and others in the local community who knew them, he had observed the similar dress and manner in which these men hung out together. He testified that the Mafia gang had specific tattoos, distinctive dress and hung out together in a certain area of town referred to as "Forty-Seven Beat".

¶ 5. Witness Tiffany Marion, who was at the crime scene when Hampton was murdered, testified that Robinson contacted her after the murder and told her to tell investigators that he did not have anything to do with the shooting. At trial, Marion testified that she had no knowledge of whether Johnson, Evans and Robinson were in a gang. However, the State questioned her about a previous statement in which she said "the word on the street" was that these men were all members of the Mafia gang. She then testified, over defense's objection, that she previously stated that these men were involved in gang activity. Defense counsel objected and requested a limiting instruction that the statement be considered for impeachment purposes only, which was denied.

¶ 6. The jury convicted Robinson of aggravated assault and conspiracy to murder Hampton. Finding Robinson had previously been convicted and sentenced to terms of one year or more in the custody of the Mississippi Department of Corrections (MDOC), the court sentenced him to two life sentences as a habitual offender pursuant to Miss.Code Ann. Section 99-19-83. Robinson's motion for judgment not withstanding the verdict or a new trial was denied, from which he appeals, presenting the following issues for review:

I. Whether the Trial Court Committed Error in Allowing Improper Testimony Concerning Defendant's Alleged *238 Connection to Gang Activity by State's Witness Norman Starks.
II. Whether the Trial Court Committed Error in Allowing a Prior Inconsistent Statement to Be Admitted Without a Limiting Instruction When Said Statement Was Also Improper Hearsay Testimony by State's Witness Tiffany Marion.
III. Whether the Trial Court Erred by Failing to Sustain the Defendant's Motion for a New Trial as the Jury's Verdict Was Against the Overwhelming Weight of the Evidence.

ANALYSIS

¶ 7. The Court has held "a trial judge enjoys a great deal of discretion as to the relevancy and admissibility of evidence. Unless the judge abuses this discretion so as to be prejudicial to the accused, the Court will not reverse this ruling." Turner v. State, 732 So.2d 937, 946 (Miss.1999). The standard of review in motions for a new trial is whether the circuit court abused its discretion in failing to grant the motion. Dudley v. State, 719 So.2d 180 (Miss.1998).

I.

¶ 8. The first issue Robinson asserts on appeal is that certain testimony regarding Robinson's connection to gang activity was inadmissible. Robinson argues this testimony given by the State's witness, Sergeant Sparks, constituted hearsay and did not meet Mississippi Rule of Evidence 602's requirement that Sparks have "personal knowledge" of the matter. The State counters that Sergeant Sparks does indeed have personal knowledge of his testimony, in that he interviewed alleged members of the Mafia gang, as well as observed their distinctive dress, tattoos and behavior.

¶ 9. Under M.R.E. 602, a witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the matter. Miss. R. Evid. 602. Evidence to prove personal knowledge need not consist of the testimony of the witness himself. Hoops v. State, 681 So.2d 521, 531 (Miss. 1996). As long as any evidence is introduced to sufficiently prove the witness's personal knowledge, the witness may testify to that matter. Id. In Hoops,

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Cite This Page — Counsel Stack

Bluebook (online)
940 So. 2d 235, 2006 WL 2975653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-state-miss-2006.