Williams v. State

• Decision Date: 14 August 2008
• Docket Number: No. 2007-KA-00135-SCT.,2007-KA-00135-SCT.
• Citation: 991 So.2d 593
• Parties: Michael Wayne WILLIAMS v. STATE of Mississippi.
• Court: Mississippi Supreme Court

991 So.2d 593

Michael Wayne WILLIAMS v. STATE of Mississippi.

No. 2007-KA-00135-SCT.

Supreme Court of Mississippi.

August 14, 2008.

Rehearing Denied October 16, 2008.

Virginia Lynn Watkins, William R. Labarre, Ginger E. Gibson, Frank L. McWilliams, attorneys for appellant.

Office of the Attorney General by Stephanie Breland Wood, attorney for appellee.

Before SMITH, C.J., CARLSON and DICKINSON, JJ.

SMITH, Chief Justice, for the Court.

¶ 1. A three-count indictment was returned against Michael Wayne Williams in the Circuit Court of Hinds County, Mississippi, First Judicial District, charging him with armed robbery, kidnapping, and possession of a firearm as a convicted felon. After a trial, the jury found Williams guilty of all counts. The trial court denied his motion for judgment notwithstanding the verdict (JNOV) or in the alternative, a new trial. Aggrieved by the trial court's judgment, Williams raises the following issues on appeal:

I. Whether a Trial Court's Refusal to Allow a Non-testifying Defendant to Display His Teeth Before the Jury Violated the Defendant's Right to Present a Defense.

II. Whether the Trial Court Committed Reversible Error When it Admitted Prosecution Evidence Not Produced During Discovery.

III. Whether the Trial Court Committed Reversible Error in Admitting Evidence of a Prior Conviction.

IV. Whether the Trial Court Committed Reversible Error When it Denied Williams's Motion in Limine to Prohibit the State from Referring to His Arrest in a Stolen Vehicle.

¶ 2. We find the trial court erred regarding Issues I and III, but that the errors were harmless considering the overwhelming evidence of guilt. We also find that Williams was able to present his theory of defense to the jury and accordingly was not prejudiced. We find no merit in Issues II and IV. We affirm the judgment of the trial court in toto.

FACTS AND PROCEDURAL HISTORY

¶ 3. On January 31, 2005, Michael Wayne Williams approached Curtis Johnson at the Sprint Mart Gas Station on Watkins Drive in Jackson. Williams made small talk and eventually asked if Johnson would like to see some DVDs. Johnson made a purchase and left the store. In the parking lot, Williams motioned for Johnson to come see the DVDs. Johnson walked over to the white Lexus sports utility vehicle Williams was driving. As Johnson opened the back passenger door, Williams pointed a gun at him and told him to get in the vehicle. Johnson complied. Then Williams told Johnson to empty his pockets. Johnson gave Williams his cell phone and $600 in cash. A second man was in the car in the front passenger seat. Johnson asked to be released, but Williams left the store and drove onto Hanging Moss Road. Eventually, Williams slowed the vehicle and unlocked the back door. Johnson jumped from the vehicle and ran back to the gas station. Johnson then got into his vehicle and drove to his house, where he asked his wife to call the police. An audio tape of the call was played for the jury, showing that she told police that Johnson had been robbed by someone in a Lexus.

¶ 4. Jackson Police Officer Anthony Reginal was dispatched to Johnson's home. When he arrived, he interviewed Johnson and then drove him back to the Sprint Mart to view its surveillance video. The video tape was unavailable at that time, but police later recovered it. The surveillance video was played for the jury and substantiated Johnson's account of the events that took place at the Sprint Mart.

¶ 5. On February 8, 2005, Jackson Police Officer Donald McCluskey noticed a suspicious white Lexus. He submitted a computer request to determine if the tag was that of a stolen vehicle, but the National Crime Information Center (NCIC) system was down. Officer McCluskey wrote down the tag number and took notice of the driver, Williams, and a female passenger. Later that day, when the NCIC system was working, Officer McCluskey ran the tag and determined that the white Lexus was stolen. Two days later, McCluskey again encountered Williams driving the stolen white Lexus and placed him under arrest.

¶ 6. Jackson Police Detective Perry Tate included Williams's photograph in a photographic lineup for Johnson. Johnson identified Williams as the man who robbed and kidnapped him at gunpoint, and he signed his name to verify this under Williams's photograph. The photo lineup was entered into evidence and published to the jury.

¶ 7. Williams was tried and convicted of armed robbery, kidnapping, and possession of a firearm by a convicted felon. Williams was sentenced to twenty-five years on Count I (armed robbery); twenty years on Count II (kidnapping); and three years on Count III (convicted felon in possession of a firearm), all to be served concurrently with Count I.

STANDARD OF REVIEW

¶ 8. The standard of review governing the admission or exclusion of evidence is abuse of discretion. Brown v. State, 969 So.2d 855, 860 (Miss.2007) (citing Poole v. Avara, 908 So.2d 716, 721 (Miss.2005)). Thus, "[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." Shaw v. State, 915 So.2d 442, 445 (Miss.2005).

LEGAL ANALYSIS

I. Whether a Trial Court's Refusal to Allow a Non-testifying Defendant to Display His Teeth Before the Jury Violated the Defendant's Right to Present a Defense.

¶ 9. The issue is whether the exhibition of the defendant's teeth before a jury is testimonial, thereby subjecting the person to cross-examination. Also in question is whether a judge's prohibition of such a display violates a defendant's right to present a defense.

¶ 10. Williams contends that he was denied an opportunity to present a meaningful defense, violating his rights under the Sixth and Fourteenth Amendments to the United States Constitution. At trial, Williams raised the defense of misidentification. As part of this defense, Williams attempted to introduce into evidence, by way of exhibition to the jury, his gold teeth decorated with carved initials. Williams argues that such an exhibition would have shown the jury that his gold teeth were prominent. The circuit court ruled that such an exhibition would be testimonial and would therefore subject Williams to cross-examination. Williams had elected not to testify. Williams argues that such an exhibition is not testimonial and, therefore, the trial court's ruling prohibited him from presenting his defense of misidentification.

¶ 11. The State argues that the circuit judge acted within his wide discretion in refusing to allow Williams to display his teeth to the jury. The State points out that the jury was informed that Williams had gold teeth. The State asserts that Williams was not denied his right to present a meaningful defense, as he presented this defense to the jury through the cross-examination of numerous witnesses and during closing arguments.

¶ 12. Because reversal is warranted only where an admission of evidence prejudiced the accused, the overriding issue is whether the circuit judge's prohibition of Williams displaying his teeth before the jury violated Williams's right to present a defense. Shaw, 915 So.2d at 445. During the trial, Williams was able to support his defense of misidentification with evidence of his gold teeth. First, the victim testified that Williams had gold teeth. During cross-examination of the victim, defense counsel asked, "Do you remember the person who robbed you having gold bucked teeth?" The victim responded, "Yes. I know he has a couple of golds in his mouth in the front, but exactly where I don't know, but I do know it was some golds in his mouth though."

¶ 13. Second, a police officer stated that the victim never mentioned his assailant's gold teeth. During cross-examination of a police officer, defense counsel asked, "Was he [the victim] able to give you any descriptions of anything unique about the man . . . what about buck gold teeth?" The officer answered, "No." Counsel for Williams asked, "Gold teeth with initials?" The officer responded, "He didn't tell me anything like that."

¶ 14. Finally, defense counsel highlighted these statements in closing argument for the jury, asserting Williams's defense of misidentification to the jury. In closing, defense counsel argued:

Now, he [the victim] says he told the police the robber—or gave him a description of the robber. Said he's got these gold teeth, but it's not in his written statement, and Officer Reginal denied hearing this.

. . .

Next Officer Reginal came to testify. And you might remember one of the first things I asked him about was what kind of description Curtis Johnson [the victim] was able to give him the day this happened. And he just kept saying, unknown, unknown, unknown, unknown height, unknown weight, unknown hair color. Couldn't give any information about a mustache or gold teeth, two things I specifically asked him about.

. . .

Now, ladies and gentlemen, you've heard all of the inconsistency and the insufficiency of the evidence in this case, and we feel that you should have a reasonable doubt as to Michael Williams'[s] guilt.

¶ 15. As Williams was able to introduce evidence of his gold teeth and was able to argue his misidentification theory before the jury, the circuit judge's ruling prohibiting Williams from displaying his gold teeth for the jury unless he testified did not violate his right to present a meaningful defense.

¶ 16. Furthermore, Williams had other mechanisms for introducing evidence of his bucked gold teeth. He could have testified, during which the defense could have pointed out this feature. Williams could have presented a witness to testify about his prominent teeth, during which Williams could have sought to introduce a photo of Williams's teeth.

Is an exhibition of teeth testimonial, thereby subjecting the person to cross-examination?

¶ 17. The underlying issue is whether the...