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Savannah v. State9/17/2002
NATURE OF THE CASE: CRIMINAL - FELONY
DISPOSITION: AFFIRMED - 09/17/2002
. Taras Lataj Savannah was tried and convicted of the crime of manslaughter in the Circuit Court of Hinds County, First Judicial District. Savannah was sentenced to serve twenty years in the custody of the Mississippi Department of Corrections. After being convicted, Savannah filed a motion for judgment notwithstanding the verdict or, alternatively, new trial which was denied by the trial court. From the denial of that motion, Savannah appeals raising the following issues:
1. WHETHER THE TRIAL COURT ERRED WHEN IT REFUSED TO ADMIT THE VICTIM'S BLOOD ALCOHOL CONTENT INTO EVIDENCE;
2. WHETHER THE TRIAL COURT ERRED WHEN IT ALLOWED THE STATE TO ELICIT TESTIMONY FROM THE DEFENDANT ABOUT AN "OTHER CRIME" THE DEFENDANT COMMITTED; AND
3. WHETHER THE TRIAL COURT ERRED WHEN IT DENIED SAVANNAH'S MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT OR, ALTERNATIVELY, NEW TRIAL.
STATEMENT OF FACTS
. On May 9, 2000, Taras Lataj Savannah was arrested for the wrongful death of Linda Gilmore. Savannah and Gilmore lived in the same neighborhood. The two became involved in an argument concerning whether Gilmore was going to go riding with Savannah and his friend. Gilmore became highly agitated and began calling Savannah various crude epithets. During the course of the argument, Gilmore's six-year-old son handed his mother a cane. Gilmore continued spouting a stream of profanities at Savannah and began to swing the stick back and forth while standing approximately eight feet from Savannah. Savannah contends that Gilmore struck him with the cane at least once. Savannah pulled a pistol from his pocket and, as Gilmore taunted him, shot Gilmore. Savannah was indicted for manslaughter as a result of his actions.
. At trial, Savannah attempted to introduce Gilmore's blood alcohol level into evidence. The trial judge refused to allow the evidence to be admitted finding it not relevant to the case. During the course of the trial, Savannah testified on his own behalf. The State, while cross-examining Savannah, inquired whether he had a permit to carry a concealed firearm. Savannah was allowed to respond to the question and the State continued asking questions along the same line until Savannah's attorney objected on the basis of relevancy and that the questions inquired into other wrongs committed by Savannah. The trial judge overruled Savannah's objection but instructed the State to move on in its cross-examination. Savannah was convicted and sentenced to serve twenty years in the custody of the Mississippi Department of Corrections. Savannah presented a motion for judgment notwithstanding the verdict or, alternatively, new trial to the trial court for consideration which was summarily denied. From the denial of that motion, Savannah perfected this appeal.
LEGAL ANALYSIS
1. WHETHER THE TRIAL COURT ERRED WHEN IT REFUSED TO ADMIT THE VICTIM'S BLOOD ALCOHOL CONTENT INTO EVIDENCE.
. Savannah first contends that the trial court erred when it refused to admit the victim's blood alcohol content into evidence. The trial court determines in its discretion what evidence is admissible. Muscolino v. State, 803 So. 2d 1240, 1244 ( ) (Miss. Ct. App. 2002). This Court will reverse the trial court's decision to not admit or admit evidence only where the trial court abused its discretion. Id. Savannah testified that Gilmore would become uncontrollable when she was drinking. A witness testifying on Savannah's behalf stated that she observed Gilmore drinking a beer the day of the shooting. The trial judge found that the victim's blood alcoh
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