Taylor v. State

954 So. 2d 944, 2007 WL 852030
CourtMississippi Supreme Court
DecidedMarch 22, 2007
Docket2004-KA-02384-SCT
StatusPublished
Cited by9 cases

This text of 954 So. 2d 944 (Taylor 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
Taylor v. State, 954 So. 2d 944, 2007 WL 852030 (Mich. 2007).

Opinion

954 So.2d 944 (2007)

Bobby TAYLOR
v.
STATE of Mississippi.

No. 2004-KA-02384-SCT.

Supreme Court of Mississippi.

March 22, 2007.
Rehearing Denied May 10, 2007.

*946 James L. Penley, Jr., Vicksburg, attorney for appellant.

Office of the Attorney General by John R. Henry, attorney for appellee.

Before WALLER, P.J., DIAZ and CARLSON, JJ.

DIAZ, Justice, for the Court.

Statement of the Case

¶ 1. Bobby Taylor was convicted of one count of aggravated assault under Miss. Code Ann. § 97-3-7(2)(a) (Rev.2006) for pouring a bottle of rubbing alcohol on his girlfriend and then setting her on fire. While both the defendant and the victim testified that the incident was purely accidental, the State provided other evidence that substantially contradicted their testimony. Taylor was found guilty and sentenced to fifteen years in the State's custody with the last five years suspended on post-release supervision.

¶ 2. The defendant had been living in an apartment with his girlfriend, Doris Jackson, for two years. They had been involved in an on-and-off romantic relationship for roughly nine years. Though the couple testified that they had not experienced any problems in the past three years, the State introduced several domestic violence charges that Jackson filed against the defendant. None of the charges were ever prosecuted and both the defendant and Jackson denied knowledge of the charges. However, both Jackson and the defendant admitted that he had hit her in the past. They also admitted that he had once shot her in the hand, though they both claimed it was an accident.

¶ 3. On the night of July 16, 2003, Jackson went to the casino where she gambled and drank for four to five hours. She came back to the apartment where the defendant was playing dominos with some of his friends. After the defendant refused to give her more money for gambling, Jackson went to the neighbor's apartment to drink some more and watch a movie. When she returned to her apartment, the visitors had left and she was alone with the defendant. The events that followed are disputed.

¶ 4. Both the defendant and Jackson gave similar testimony regarding the sequence of events. Both testified that she was fully clothed and that the defendant had a bottle of rubbing alcohol and had put "a dab" of the liquid on her hand. They both testified that he had put alcohol in his hand before and lit it, but that he was always "just playing." When the defendant went to answer a knock at the door, he gave Jackson the bottle of alcohol to hold. She testified that she accidentally spilt the contents of the bottle on her clothes and then walked out of the bedroom into the hallway. At this point, the defendant was coming back down the hallway to meet her, and Jackson testified, "[the defendant] was just flicking a lighter, and my arm caught afire. Then I just rubbed my shirt, and it caught everywhere else just by me rubbing my hand." The *947 defendant then tried to use the bedspread to put out the fire, but Jackson had to get in the shower to finally extinguish the flames. He then helped her change clothes and called a friend to drive her to the hospital.

¶ 5. Upon examination, the local hospital sent Jackson to the Greenwood Burn Center, where she remained for two weeks. She sustained first and second degree burns over the front of her body, covering large portions of her face, neck, chest, stomach, and inner thighs.

¶ 6. The State offered two expert witnesses who testified that the burns were not a result of an accident. Both experts found that the burn patterns indicated that Jackson was lying on her back and that someone had poured the alcohol on her. One expert also testified that the fire started in the bedroom, not in the hallway as both the defendant and the victim alleged. The evidence indicated that while she was wearing a bra at the time, she could not have been wearing a shirt or pants as neither article of clothing was damaged. Additionally, the investigating police officers testified that the bed was still warm and partially damp. The sheets also were charred, but the defendant claimed that they had been burned six months earlier, and he could not offer an explanation for why the mattress was scorched.

Issues

¶ 7. The defendant raises four issues on appeal: (1) whether the court erred in allowing evidence of prior bad acts; (2) whether the court erred in certifying Leslie Decareaux as an expert and allowing her to testify; (3) whether the court erred in allowing evidence to be presented to the jury that the State did not produce in discovery; and (4) whether the verdict was against the sufficiency of the evidence.

Discussion

(1) Whether the Court Erred in Allowing Evidence of Prior Bad Acts.

¶ 8. The defendant argues that the court erred in allowing the State to admit evidence of prior acts of domestic violence. The standard of review governing the admissibility of evidence is whether the trial court abused its discretion. Peterson v. State, 671 So.2d 647, 655 (Miss.1996) (citing Baine v. State, 606 So.2d 1076, 1078 (Miss.1992); Wade v. State, 583 So.2d 965, 967 (Miss.1991)). This Court must first determine if the proper legal standards were applied. Id. at 655-56 (citing Baine, 606 So.2d at 1078). If the trial court incorrectly applied the rules of evidence, resulting in prejudice to the accused, then a reversal is warranted. Id. at 656 (citing Parker v. State, 606 So.2d 1132, 1137-1138 (Miss.1992)).

¶ 9. Before trial, the defendant moved to exclude any evidence of prior acts of violence against the victim, arguing that they were remote in time and that all charges had been dismissed. The court ruled that the evidence could be admitted both as impeachment evidence and as evidence of motive under Rule 404(b). The court also found that any prejudicial effect was outweighed by the probative value of the evidence because the central issue of the case was whether the fire was an accident.

¶ 10. On the stand, Jackson denied that the defendant had ever hurt her before. When asked about four prior charges which she filed against the defendant, she either denied filing them or claimed that she could not remember. Jackson also testified that the entire incident at issue was an accident. As a result, the prosecutor was allowed to introduce four separate instances in which Jackson had filed domestic violence charges against the defendant, *948 both as impeachment evidence and as substantive evidence of motive. These charges were filed on January 1, 1997; April 15, 1998; May 5, 1998; and September 15, 2000.

¶ 11. The defendant argues that evidence of these charges was improper character evidence that should not have been admitted. He cites Levy v. State, 724 So.2d 405, 408 (Miss.Ct.App.1998) for the proposition that "[e]vidence of a prior criminal activity on the part of one criminally accused is inadmissible where the prior offense has not resulted in a conviction." However, Levy goes on to explain that "the State has a `legitimate interest in telling a rational and coherent story of what happened.' Where substantially necessary to present to the jury `the complete story of the crime,' evidence or testimony may be given though it may reveal or suggest other crimes." Id. (citing Brown v. State, 483 So.2d 328, 330 (Miss.1986)). Brown

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Cite This Page — Counsel Stack

Bluebook (online)
954 So. 2d 944, 2007 WL 852030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-state-miss-2007.