Summary
The Mississippi Court of Appeals affirmed Danny J. Feazell's manslaughter conviction and twenty-year sentence. The court held that the trial court did not abuse its discretion by denying appointed counsel's motion to withdraw and Feazell's motion for a continuance. It also upheld the exclusion of an audio tape offered to impeach testimony about threats by the victim, concluding that the evidence was irrelevant absent a self-defense issue and was inadmissible extrinsic evidence concerning a collateral matter.
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Practice areas
Questions Presented
- Whether the trial court abused its discretion by denying appointed counsel's motion to withdraw on the morning of trial.
- Whether the trial court abused its discretion by denying Feazell's motion for a continuance to obtain an independent psychiatric evaluation.
- Whether the trial court erred by excluding an audio tape offered to impeach Glenda Brawner concerning alleged prior threats by the victim.
Holdings
- The trial court did not abuse its discretion in denying appointed counsel's motion to withdraw when the motion was made on the morning of trial and was based on Feazell's desire to obtain private counsel and his lack of cooperation with appointed counsel.
- The trial court did not abuse its discretion or cause manifest injustice by denying a continuance based on the defense's request for an additional independent psychiatric evaluation.
- The trial court properly excluded the audio tape because alleged prior threats by the victim were irrelevant where self-defense was not raised and the evidence showed Feazell was the aggressor; moreover, the tape could not be used as extrinsic evidence to prove that a witness's answer concerning an extraneous matter was incorrect.
- When either the State or the defense fails to comply with the criminal discovery rule, the trial court must follow the procedures specified in URCCC 9.04(I) rather than simply excluding the evidence.
Key quotations
“When either the State or the defense fails to comply, the trial judge must follow the procedures of Rule 9.04 I; he should not just exclude the evidence.” (1289)
“Simply put, the existence of threats allegedly once made by the victim to Feazell were irrelevant unless self-defense was raised in the case.” (1290)
Factual background
Feazell went to the home of Glenda and Forrest Brawner to visit his children and became angry when Forrest Brawner accompanied them. Feazell ran toward the group, shoved Glenda Brawner, struck Forrest Brawner from behind, and beat him in the head with his fists. Forrest Brawner was resuscitated after arriving at the emergency room but later died. At trial, Feazell sought to introduce an audio tape allegedly showing that Forrest Brawner had previously threatened him, but the tape was excluded.
Procedural history
Feazell was indicted and tried for the murder of Forrest Brawner, but the jury convicted him of manslaughter and the circuit court sentenced him to twenty years' imprisonment. The trial court denied appointed counsel's motion to withdraw, Feazell's motion for a continuance, and admission of an audio tape offered to impeach a witness. Feazell appealed, and the Court of Appeals of Mississippi affirmed.