Stallworth v. State

797 So. 2d 905, 2001 WL 225944
CourtMississippi Supreme Court
DecidedMarch 8, 2001
Docket1999-KA-01777-SCT
StatusPublished
Cited by32 cases

This text of 797 So. 2d 905 (Stallworth 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
Stallworth v. State, 797 So. 2d 905, 2001 WL 225944 (Mich. 2001).

Opinion

797 So.2d 905 (2001)

Sidney L. STALLWORTH a/k/a Sidney Lavern Stallworth
v.
STATE of Mississippi.

No. 1999-KA-01777-SCT.

Supreme Court of Mississippi.

March 8, 2001.

*907 Lisa D. Collums, Gulfport, Attorney for Appellant.

Office of the Attorney General by John R. Henry, Jr., Jackson, Attorney for Appellee.

Before PITTMAN, C.J., COBB and DIAZ, JJ.

STATEMENT OF THE CASE

PITTMAN, Chief Justice, for the Court:

¶ 1. This is an appeal from a judgment of the Circuit Court of Harrison County, Mississippi in which Sidney L. Stallworth ("Stallworth") was convicted by a jury of the crime of murder and sentenced as a habitual offender to life imprisonment without possibility of parole or early release. Stallworth moved for a directed verdict both during and at the conclusion of the trial. The trial judge denied the motions. Following the entry of the final judgment, Stallworth filed a Motion for New Trial. The motion was denied, and Stallworth filed a notice of appeal to this Court.

STATEMENT OF FACTS

¶ 2. Bridget Shields ("Bridget") was stabbed to death in her home at the "Kim/K Apartments" in Gulfport, Mississippi on November 8, 1998.

¶ 3. Yolanda Mullins ("Mullins"), a resident of the "Kim/K Apartments," was awakened by the sound of screams and cries for help emanating from Bridget's apartment. She testified that she recognized the voice as Bridget's. Mullins dressed and then ran out her door to the stairs. She then heard Bridget's door open, became frightened, and ran back inside her apartment. After waiting for what she described as some fifteen seconds, Mullins opened her door and ran upstairs to use another resident's telephone. Mullins stated that from her apartment window, she was unable to see if anyone entered or exited Bridget's apartment.

¶ 4. Gayle Williams ("Williams") was the 911 operator on duty with the Gulfport Police Department on the morning of the murder. She received a call from the Harrison County Sheriff's Department regarding a complaint that had been called in from the Kim/K Apartments. Williams dialed the telephone number given to her by the Sheriffs Department, and engaged in a taped conversation with Bridget Shields. A recording of the phone call was introduced into evidence at the trial and played for the jury.[1] Based upon the conversation between Williams and Bridget, the Gulfport Police Department began searching for Stallworth. An officer arrived at Bridget's apartment at 9:59 a.m.

¶ 5. The first officer on the scene was Officer James Roberts ("Roberts"). Upon entering the apartment, Roberts found the body of Bridget Shields which exhibited multiple stab wounds. A later autopsy revealed that Bridget had been stabbed seventeen times in the upper body, on both her chest and back areas, and that she had received blunt injuries to her face. While at the scene, Roberts did not observe any weapons, nor were any recovered.

¶ 6. Chuck Home was employed by the Gulfport Police Department as a property *908 officer, evidence custodian, and crime scene investigator. He was dispatched to the crime scene on the morning of the murder. Among the items he found and took into custody were a restraining order against Stallworth, two blue cups located on either side of the bed, and an envelope marked "Sidney." Horne testified that no fingerprints of value were found in the apartment. Home also testified that there was a blood spray or splatter on the front door of the apartment and on the miniblinds on the window. Photographic evidence revealed that when arrested on the day of the murder, Stallworth was wearing the same shirt he had been wearing when released from jail earlier that day. The State offered no testimony that blood was found on Stallworth's shirt.

¶ 7. At approximately 11:00 p.m. on the night of the murder, Stallworth called Bruce Carver, Sr. ("Carver"), a Captain with the Harrison County Sheriff's Department. The record reveals that the two men had developed a friendship over the last twelve to fourteen years. Stallworth told Carver that he had heard on television that he was wanted for murder and asked Carver to come pick him up in Biloxi. At this time, Carver was advised by the sheriff that Stallworth was wanted on a homicide charge. Carver and Sergeant Nick Cheatham ("Cheatham") drove to Biloxi to pick up Stallworth and took Stallworth to the Gulfport Police Department. During the drive, Stallworth allegedly made several statements to Carver, the content of which will be addressed in the discussion of Issue II below.

DISCUSSION

I. WHETHER THE TRIAL COURT ERRED IN ADMITTING EVIDENCE OF PRIOR BAD ACTS PURSUANT TO MISS. R. EVID. 404(b).

¶ 8. The standard of review regarding admission or exclusion of evidence is an abuse of discretion standard. Floyd v. City of Crystal Springs, 749 So.2d 110, 113 (Miss.1999); Thompson Mach. Commerce Corp. v. Wallace, 687 So.2d 149, 152 (Miss.1997). Where error involves the admission or exclusion of evidence, this Court "will not reverse unless the error adversely affects a substantial right of a party." In re Estate of Mask, 703 So.2d 852, 859 (Miss.1997); Terrain Enters., Inc. v. Mockbee, 654 So.2d 1122, 1131 (Miss. 1995).

¶ 9. On October 24, 1998 (fifteen days before the murder), Stallworth was charged with domestic violence and resisting arrest. The charge resulted from an incident where Stallworth threatened Bridget Shields with a knife in her apartment. Stallworth was convicted of domestic violence on October 30, 1998, and received a sentence of 180 days in jail, with 150 of those days suspended. He was to serve 30 days; however, Stallworth received two days credit for every one day served. Bridget Shields was killed the day Stallworth was released from jail. Additionally, an inmate who had served time with Stallworth testified at trial that Stallworth told him he was in jail because of a charge by his "old lady" of domestic violence, and that "when he got out he was going to beat that bitch's ass."

¶ 10. Generally "evidence of a crime other than the one for which the accused is being tried is not admissible." Smith v. State, 724 So.2d 280, 313 (Miss. 1998). Miss.R.Evid. 404(b) provides an exception to the general rule in that it allows the introduction of evidence of extrinsic acts to show "proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident." Smith, 724 So.2d at 313. Stallworth argues *909 that the trial court erred in admitting the prior conviction for three reasons.

¶ 11. He first claims that the only reason the State sought to introduce the prior conviction was for the purpose of showing that since he had previously been convicted with domestic abuse against Bridget, he must certainly have been the person who killed her. The State asserts that its intent in introducing the evidence of Stallworth's prior conviction was to establish motive, intention, and possibly identity— all permissible uses under Rule 404(b).

¶ 12. Secondly, Stallworth claims that the prior conviction should have been excluded under Miss.R.Evid. 403, as its prejudicial effect substantially outweighed whatever probative value it might have had. The State claims that the trial court fulfilled its requirement of carefully considering the probative value of the evidence against any potential for "undue prejudice."

¶ 13. The third part of Stallworth's argument tracks the language in Townsend v. State, 681 So.2d 497, 506 (Miss.1996), where this Court stated that:

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Bluebook (online)
797 So. 2d 905, 2001 WL 225944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stallworth-v-state-miss-2001.