Legal Opinion · Dissent

Fred Harrell v. State of Mississippi

Court of Appeals of Mississippi

Decided December 2, 2014No. 2013-KA-01194-COAPublished

1DissentBarnes, J.

¶20. While I.agree with the majority that the trial court erroneously excluded Harrell’s attempted testimony of Leonard’s alleged threat, I cannot agree that Harrell’s ultimate reference to a generic threat cured the error. The trial court did not allow Harrell to testify as to the specifics of the alleged threat he overheard when Leonard was speaking to Dennis. I find that the prosecutors’ and trial, court’s errors interrupting and precluding Harrell’s testimony when he was trying to present his defense severely prejudiced Harrell. I would reverse and remand for a new trial.

¶ 21. “Hearsay”…

2Cases cited3 opinions

  1. Keys v. StateMississippi Supreme Court · 1994
  2. Terry v. StateMississippi Supreme Court · 1998
  3. Davis v. StateCourt of Appeals of Mississippi · 2013

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