Jordan v. State, 89-KA-0171
| Court | United States State Supreme Court of Mississippi |
| Citation | 592 So.2d 522 |
| Docket Number | No. 89-KA-0171,89-KA-0171 |
| Parties | Billy Ray JORDAN v. STATE of Mississippi. |
| Decision Date | 31 December 1991 |
Page 522
v.
STATE of Mississippi.
Jeffrey A. Varas, Hazlehurst, for appellant.
Mike C. Moore, Atty. Gen., Jackson, for appellee.
Before HAWKINS, P.J., and PRATHER and SULLIVAN, JJ.
SULLIVAN, Justice, for the Court:
Billy Ray Jordan was indicted, tried and convicted in Copiah County, Mississippi, for armed robbery and sentenced by the jury to life imprisonment.
Page 523
Jordan assigns seven errors, only one of which merits discussion.
THE TRIAL COURT ERRED BY DENYING THE DEFENDANT'S MOTION IN LIMINE TO PROHIBIT THE STATE FROM EXAMINING THE DEFENDANT ON HIS PRIOR CONVICTIONS FOR THE PURPOSES OF IMPEACHMENT AS THE PRIOR CONVICTIONS WERE MORE PREJUDICIAL THAN PROBATIVE AND THE COURT'S RULING HAD A CHILLING EFFECT UPON THE PRESENTATION OF THE DEFENDANT'S CASE.
Rule 609 of the Mississippi Rules of Evidence provides that the credibility of a witness may be attacked by evidence that he was convicted of a crime, if elicited from him during cross-examination, if the crime was punishable by death or more than one year imprisonment and if the court determines that the probative value outweighs its prejudicial effect, and if the conviction is not more than ten years old. M.R.E. 609(a) and (b). In response to the defendant's motion in limine on this matter, the trial judge determined that the prior convictions of the defendant were more probative than prejudicial because two were within nine years and the motion in limine was denied.
This Court has made it clear that the trial judge must consider certain factors when weighing the probative value of convictions not involving dishonesty or false statements against the prejudicial effect of their admission. McGee v. State, 569 So.2d 1191, 1195 (Miss.1990); Signer v. State, 536 So.2d 10, 12 (Miss.1988); Johnson v. State, 525 So.2d 809, 812 (Miss.1988); Peterson v. State, 518 So.2d 632, 636-37 (Miss.1987). These factors are (1) the impeachment value of the prior crime, (2) the point in time of the conviction and the witness' subsequent history, (3) the similarity between the past crime and the charged crime, (4) the importance of the defendant's testimony, and (5) the centrality of the credibility issue. Johnson, 525 So.2d at 812. The trial judge must make an on the record determination that the probative value of the evidence outweighs its prejudicial effect and he should articulate his reasons for this...
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Brent v. State, 90-KA-0498
...is the same as that required under Rule 609(a) when evidence of prior convictions not involving dishonesty is attempted. Jordan v. State, 592 So.2d 522, 523 (Miss.1991); McGee v. State, 569 So.2d 1191, 1195 (Miss.1990); Signer v. State, 536 So.2d 10, 12 (Miss.1988); Johnson v. State, 525 So......
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DeLoach v. State, 97-KA-00685-SCT.
...this Court will reverse and remand or remand for a finding pursuant to M.R.E. 609(a)(1) if none has been made. Jordan v. State, 592 So.2d 522, 523 ¶ 32. In Peterson v. State, 518 So.2d 632 (Miss.1987), the defendant argued that the trial court erred in allowing the prosecution to impeach hi......
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Hopkins v. State, 90-KA-0921
...this Court will reverse and remand or remand for a finding pursuant to M.R.E. 609(a)(1) if none has been made. Jordan v. State, 592 So.2d 522, 523 (Miss.1991); Johnson, 525 So.2d at 813; Signer v. State, 536 So.2d 10, 13 The crime, touching a child for lustful purposes, was punishable by im......
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Bogard v. State, 90-KA-1262
...value of the armed robbery conviction outweighed its prejudicial effect. Tillman v. State, 606 So.2d 1103 (Miss.1992); Jordan v. State, 592 So.2d 522 (Miss.1991); Pugh v. State, 584 So.2d 781 (Miss.1991); McGee v. State, 569 So.2d 1191 (Miss.1990); Saucier v. State, supra, 562 So.2d 1238 (M......