Shaw v. State

• Decision Date: 04 August 2005
• Docket Number: No. 2004-KA-00137-SCT.,2004-KA-00137-SCT.
• Citation: 915 So.2d 442
• Parties: William L. SHAW a/k/a Will Shaw v. STATE of Mississippi.
• Court: Mississippi Supreme Court

Page 442

915 So.2d 442

William L. SHAW a/k/a Will Shaw v. STATE of Mississippi.

No. 2004-KA-00137-SCT.

Supreme Court of Mississippi.

August 4, 2005.

Rehearing Denied December 8, 2005.

COPYRIGHT MATERIAL OMITTED

Joe N. Tatum, Jackson, attorney for appellant.

Office of the Attorney General by W. Daniel Hinchcliff, attorney for appellee.

Before WALLER, P.J., GRAVES and RANDOLPH, JJ.

GRAVES, Justice, for the Court.

¶ 1. William L. Shaw ("Shaw") and Joseph Davis ("Joseph") were indicted in Hinds County for the capital murder of Jonathan Duffie in violation of Section 97-3-19(2)(e) of the Mississippi Code of 1972. Shaw and Joseph were tried separately, and on August 7, 2003, Shaw was found guilty of capital murder. Following the jury's verdict, the trial judge sentenced Shaw to a term of life imprisonment without the possibility of parole. Unsuccessful on post-trial motions, Shaw timely brings this appeal and asserts four errors in the trial. Finding no reversible error, we affirm the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

¶ 2. On the afternoon of October 27, 2001, Jonathan Duffie ("Duffie") asked Reginald Davis ("Reginald") to come to Duffie's residence at 2958 Kentwood Drive, Jackson, Mississippi, to smoke marijuana. After Reginald's arrival, Duffie then telephoned Shaw and Joseph to come to the same location for the same purpose. Shaw and Davis arrived Duffie's home approximately ten minutes following the call. The four men listened to music together and continued to smoke marijuana provided by Duffie.

¶ 3. At some point during this gathering, Shaw pulled a gun and shot Duffie in the buttocks and shot Joseph in the knee. Duffie then reached for his own weapon, but Shaw fired a fatal shot to Duffie's head. Shaw then took money and the weapon from Duffie, and the three men fled the scene.

¶ 4. Joseph fled to his home and later to Central Mississippi Medical Center ("C.M.M. C.") for treatment of the gunshot wound. The bullet was retrieved from Joseph's knee and submitted by the emergency room staff to law enforcement officials. Evidence later determined that the bullet retrieved from Joseph's knee was fired from the same weapon recovered from the crime scene.

¶ 5. Statements were obtained from Shaw, Joseph and Reginald. Shaw and Joseph initially claimed to have not been present and that Joseph's gunshot wound was the result of a mysterious drive-by shooting. Reginald initially denied any knowledge of the murder. Afterwards, both Joseph and Reginald stated and then testified to the above facts concerning Shaw murdering Duffie.

¶ 6. On February 12, 2002, an indictment was filed charging Shaw and Joseph with capital murder. On August 7, 2003, Shaw was tried and subsequently found guilty of murder and sentenced to life imprisonment without the possibility of parole in an institution to be designated by the Department of Corrections. Having failed on all post-trial motions, Shaw timely brings this appeal and raises four assignments of error.

DISCUSSION

I. Evidence of the Defendant's Theory of the Case.

¶ 7. Shaw contends that the trial court erred in denying him the opportunity to offer evidence concerning his theory of the case. Shaw attempted to call Ernest Champion ("Champion"), his stepfather, to establish hostility between Duffie and Joseph. According to Shaw, Duffie alleged that Joseph had burglarized his (Duffie's) girlfriend's home. Shaw argued at trial that Joseph killed Duffie and that the likely motive was hostility over the alleged burglary. The State moved in limine to prevent Shaw from offering hearsay testimony as to statements Duffie allegedly made to a third person. The trial court excluded the testimony as inadmissible hearsay.

¶ 8. Our standard of review for the admission or exclusion of evidence is very familiar. "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." Jefferson v. State, 818 So.2d 1099, 1104 (Miss.2002) (quoting Fisher v. State, 690 So.2d 268, 274 (Miss.1996)). See also Hill v. State, 774 So.2d 441, 444 (Miss.2000); Crawford v. State, 754 So.2d 1211, 1215 (Miss.2000); Gilley v. State, 748 So.2d 123, 126 (Miss.1999); Hughes v. State, 735 So.2d 238, 269 (Miss.1999).

¶ 9. Champion's proffered testimony was that approximately a week prior to the victim's death, Duffie confronted Joseph regarding the burglary. However, Shaw does not dispute that the proffered testimony was hearsay. Rather than arguing the evidentiary value of the statements, Shaw argues that the statements were a vital part of his defense. Shaw relies upon Minor v. State, 379 So.2d 495, 497 (Miss.1979), for the proposition that under the "modern doctrine" regarding the admissibility of evidence, a defendant should be allowed great latitude in the admission of evidence. Further, Shaw cites Terry v. State, 718 So.2d 1115, 1123 (Miss.1998), as an example of this Court's application of the Minor rule.

¶ 10. We recognize the Minor rule and its application to the admissibility of evidence in criminal cases. However, Shaw omits an essential component of the Minor rule which this Court explicitly set forth in Terry:

All evidence that is proposed by either side to further its theory, hypothesis, or argument, must first comply with the Mississippi Rules of Evidence ... As stated earlier, the relevancy and admissibility of evidence are largely within the discretion of the trial judge and reversal is proper only where that discretion has been abused.

Id. at 1122. Thus, here the trial court ruled that the proffered testimony was inadmissible hearsay under the Mississippi Rules of Evidence. To this end, we hold that with regard to the admissibility of evidence, a defendant's latitude to further his theory, hypothesis, or argument can never extend beyond the parameters of the M.R.E. See Lynch v. State, 877 So.2d 1254, 1282 (Miss.2004). To allow a defendant to introduce evidence, otherwise inadmissible under the M.R.E., in furtherance of his theory of the case would severely circumvent the purpose of our evidentiary rules. The exclusion of hearsay, even if it has some connection to the defendant's theory, is entirely proper.

¶ 11. A complete review of the record reveals that Shaw never denied that the statements proffered by Champion were hearsay. The State timely objected to any hearsay of what was said by the victim or what was said by a third person who was not present to testify pursuant to M.R.E. 801. Because Shaw never demonstrated the evidentiary admissibility of Champion's proffered testimony, we conclude that the trial court correctly ruled it as inadmissible hearsay. Therefore, the trial court was well within its discretion in excluding this proof.

II. Evidentiary Chain of Custody.

¶ 12. Over Shaw's objections, the trial court admitted into evidence the bullet which was purportedly taken from Joseph's knee at C.M.M.C. Shaw argues that this was error because the State never established a proper chain of custody.

¶ 13. The trial court is vested with the discretion for determining whether an adequate evidentiary chain of custody has been established by the State. Morris v. State, 436 So.2d 1381, 1388 (Miss.1983); Danner v. State, 748 So.2d 844, 846 (Miss.Ct.App.1999). The burden of producing evidence to demonstrate a break in the chain of custody rests with the defendant, and the applicable test for determining whether the defendant has met this burden "is whether there is any reasonable inference of likely tampering with or substitution of evidence." Hemphill v. State, 566 So.2d 207, 208 (Miss.1990); Brooks v. State, 761 So.2d 944, 948 (Miss.Ct.App.2000).

¶ 14. Joseph testified at trial that he was struck in the knee with a bullet at the time that Shaw shot and killed Duffie. He told the jury that he went to C.M.M.C. where the bullet was removed within an hour of Duffie's murder. Investigator Charles Taylor of the Jackson Police Department, testified that he went to the hospital less than an hour later and recovered the "projectile that had been recovered from Joseph." At the hospital, Investigator Taylor asked for the "evidence" from a nurse on staff in the emergency room by the name of D. Johnson. When Taylor asked for the evidence regarding Joseph, he was handed the bullet extracted from Joseph's knee. It was later determined that the bullet recovered from Joseph's knee was fired from the same gun used to kill Duffie.

¶ 15. Shaw maintains in his brief, as he did at trial, that Investigator Taylor's testimony was unsubstantiated. Shaw claims that no person who had any connection to the hospital where the bullet was extracted was called to authenticate the projectile. In its brief, the State argues that it attempted to locate the nurse who gave the projectile to Investigator Taylor, but could not find her because she rendered a fictitious and nonexistent address to law enforcement officials. The trial court ruled that the bullet could be admitted into evidence, finding that the chain from Joseph's knee to Investigator Taylor was sufficient without some showing of tampering, even though the State could not produce D. Johnson. We have held that establishing a proper chain of custody has "never required the proponent to produce every person who handled the object, nor to account for every moment of every day." Butler v. State, 592 So.2d 983, 985 (Miss.1991). Instead, "[p]roof of the chain of custody is intended to satisfy the fact-finder of the identify and validity of the evidence. Without doubts being raised, a break in the chain does not bar introduction." Wells v. State, 604 So.2d 271, 277 (Miss.1992); Bryant v. State, 748 So.2d 780, 784 (Miss.Ct.App.1999).

¶ 16. We hold that Shaw has not shown any reasonable inference of likely tampering with or substitution of evidence. Joseph testified that he was present at...