Woulard v. State

832 So. 2d 561, 2002 WL 1019056
CourtCourt of Appeals of Mississippi
DecidedMay 21, 2002
Docket2000-KA-00917-COA
StatusPublished
Cited by12 cases

This text of 832 So. 2d 561 (Woulard 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
Woulard v. State, 832 So. 2d 561, 2002 WL 1019056 (Mich. Ct. App. 2002).

Opinion

832 So.2d 561 (2002)

Eddie James WOULARD, Appellant,
v.
STATE of Mississippi, Appellee.

No. 2000-KA-00917-COA.

Court of Appeals of Mississippi.

May 21, 2002.
Rehearing Denied August 6, 2002.
Certiorari Denied December 5, 2002.

*563 Leslie D. Roussell, Laurel, attorney for appellant.

Office of the Attorney General by Scott Stuart, attorney for appellee.

Before KING, P.J., BRIDGES, and CHANDLER, JJ.

CHANDLER, J., for the court.

¶ 1. Eddie James Woulard was convicted of depraved heart murder and possession of a firearm by a convicted felon in the Circuit Court of Wayne County, Mississippi. Woulard was sentenced to serve a term of life for murder and five years for possession of a firearm by a felon, the sentences to be served consecutively. Feeling aggrieved by the conviction against him, Woulard filed this appeal and alleges four assignments of error. First, Woulard alleges that the trial court erred when it allowed a seven year old witness to testify. Next, he argues that the trial court erred when it allowed Officer Alfred Hill to testify in violation of the rule of sequestration. Woulard further argues that the trial court erred when it allowed Officer Hill to testify concerning incriminating statements made by Woulard. Finally, he argues that the trial court failed to administer the appropriate oaths to the jury.

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. Eddie James Woulard lived in a home with his wife, Melody, her mother, Monique Parker Terrell, Monique's husband, Antwan Terrell, and Melody's three young children, Raven, Shaquita, and Reshod. On or about November 7, 1999, Woulard was at home along with Monique, Antwan, and the three children. Antwan and Raven were watching television together when Woulard came home. Antwan and Woulard soon began to argue with each other. Raven left the room because she was frightened by the argument. She joined Melody and her siblings in her grandmother's bedroom.

¶ 4. Raven and the others continued to hear Woulard and Antwan arguing with each other. They then heard a gunshot. Melody went into the room where the two men were and asked Woulard if he shot Antwan. Woulard answered yes and then left the house.

¶ 5. The ambulance driver who was called to the house contacted the sheriff's office to notify the police of the shooting. Officer Martin Milton was in the dispatcher's office and answered the telephone call. The ambulance driver informed Officer Milton that he was en route for a possible shooting victim. He gave Officer Milton the address and asked if he would meet him there. Officer Milton agreed and he quickly left to meet the ambulance. He spoke with Melody and from the information she provided him, Officer Milton notified the other on-duty deputies of Woulard's name, description and a possible destination.

¶ 6. Officer Alfred Hill proceeded to the suspected destination, Woulard's sister's home, and found Woulard there. After a brief conversation, Officer Hill arrested Woulard. He was later indicted and convicted of the crimes charged.

LAW AND ANALYSIS

I. DID THE TRIAL COURT ERR IN ALLOWING RAVEN WILLIAMS TO TESTIFY?

*564 ¶ 7. Woulard argues that the trial court erred when it allowed Raven Williams, a seven year old child, to testify to the events that occurred on the day in question. He asserts that the court failed to make a proper determination as to the competency of Raven before she was allowed to testify. Woulard further argues that Raven's competency should have been examined outside the presence of the jury and because the judge insisted on questioning Raven before the jury, he could not ask the "hard" questions because he would appear "mean."

¶ 8. Any analysis challenging the competency of a witness begins with the assumption that every person is competent to give evidence, subject to certain exceptions based on considerations of policy unrelated to the capacity of the witness to comprehend and relate relevant information. Barnett v. State, 757 So.2d 323(¶ 13) (Miss.Ct.App.2000). Whether a child is competent to testify is an issue that is largely within the discretion of the trial court. Burbank v. State, 800 So.2d 540(¶ 6) (Miss.Ct.App.2001).

¶ 9. Older case law indicates that before allowing a child witness to testify, the trial judge should determine that the child has the ability to perceive and remember events, to understand and answer questions intelligently, and to comprehend and accept the importance of truthfulness. Brent v. State, 632 So.2d 936, 942 (Miss. 1994). However, in Bailey v. State, 729 So.2d 1255(¶ 20) (Miss.1999), the Mississippi Supreme Court determined that it was not necessary for a trial judge to conduct an individual voir dire of a witness of tender years. The court in Bailey stated the witness was asked preliminary questions by the State which did not go to the substance of the child's testimony. Id. These questions were deemed sufficient for the trial judge to determine that the Brent standard had been met. Id.

¶ 10. In the case sub judice, the State and counsel for Woulard questioned Raven to determine her competency to testify. When questioned by the State, Raven testified in part as follows:

Q: Do you know the difference between truth and a lie?

A: (Nods affirmatively.)
Q: Okay. What would be a lie?
A: When you tell a story.
Q: Okay. Something that is not true?
A: (Nods affirmatively.)

Q: Did you and I talk about how important it is to tell the truth in this particular room?

A: Yes, ma'am.
Q: Okay. And did anybody tell you what to say?
A: No, ma'am.

Q: Can you tell this Judge and this Jury what happened at the trial that day truthfully?

A: Yes, ma'am.

Judge: Would you ask her about does she have a memory about the day of the incident, if she remembers that, and if she does, can she tell it?

Q: What the Judge was talking about is do you remember the day that this happened ... And will you be able to tell the Jury what happened?

A: I know some of it, but I don't know all of it.

Q: Can you tell us about what you know about, what you saw and heard?

A: Yes, ma'am.

When questioned by counsel for Woulard, Raven testified in part as follows:

Q: Did anybody remind you about anything that happened that day?

*565 A: No, sir.

Q: Okay. So, the day we're talking about you're going to tell us all about stuff that you saw?

A: Yes, sir.

Q: Do you remember things that you saw that day?

A: Some of it.

Q: Do you remember why you were over there that day?

A: My mama had to go to work.
Q: Do you know where that house is?
A: Yes, sir.

Q: Do you know whether or not—do you remember anybody telling you about what happened that day?

A: No, sir.

¶ 11. After questioning Raven a second time to determine that she had not been prompted by anyone, counsel for Woulard informed the court that any other questions would go to credibility. The trial judge determined that pursuant to Mississippi Rules of Evidence 601, Raven was competent to testify.

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Cite This Page — Counsel Stack

Bluebook (online)
832 So. 2d 561, 2002 WL 1019056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woulard-v-state-missctapp-2002.