Legal Opinion · Dissent

Tallulah A. Redding v. Mississippi Transportation Commission

Court of Appeals of Mississippi

Decided November 25, 2014No. 2013-CA-01122-COAPublished

1DissentJames, J.

¶ 24. I respectfully dissent from the majority opinion. Mississippi Rule of Evidence 403 states: “Although relevant, evidence maybe excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.”

¶ 25. The trial court has broad discretion to determine what evidence is admissible under Rule 403. Batiste v. State, 121 So.3d 808, 863 (¶ 143) (Miss.2013). We have previously held that “[wjhere a trial court determines…

2Cases cited8 opinions

  1. United States v. 320.0 Acres of Land, More or Less in the County of Monroe, State of Florida,and Salvatore R. CicconeCourt of Appeals for the Fifth Circuit · 1979
  2. Batiste v. StateMississippi Supreme Court · 2013
  3. Mississippi Transp. Com'n v. FiresMississippi Supreme Court · 1997
  4. Mississippi Dept. of Transp. v. AllredMississippi Supreme Court · 2006
  5. Morley v. Jackson Redevelopment AuthorityMississippi Supreme Court · 1994

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