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Walker v. Benz11/22/2005
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. On appeal, Walker argues that Fondren's testimony was irrelevant, immaterial, overly prejudicial, and improper character evidence. Benz argues that Fondren's testimony was admissible for several reasons. First, Benz argues that Fondren's testimony was admissible to impeach Ellis's testimony that Walker was not aggressive with people prior to the incident with Benz. However, Fondren testified that Walker behaved aggressively after the incident, as Benz beat Walker up on January 24, 2002, and Fondren testified that Walker threatened him during April or May of 2003.
. Second, Benz argues that Fondren's testimony was admissible to impeach Flolane Walker, Walker's mother. Flolane testified that Walker could not get along with people after the incident. While Flolane's testimony might suggest that Walker could get along with people before the incident, as with the argument above, Fondren's testimony addresses Walker's behavior after the incident. So, Fondren's testimony actually bolstered Ellis's and Flolane's testimony that Walker could not get along with people after Benz assaulted him.
. Finally, Benz argues that Fondren's testimony impeaches Walker's version of the incident and bolsters his version of the incident. As discussed in the issue regarding Walker's threat to break a doctor's leg, Walker's aggressive character is not admissible to prove that Walker acted aggressively and provoked Benz.
. Pursuant to M.R.E. 404(a), " vidence of a person's character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion." Applying M.R.E. 404(a), we find that Walker's threats to Fondren are not admissible. Benz specifically argued that the purpose of Walker's threats to Fondren were to show that Walker had an aggressive or violent personality and that, as such, it is more likely that Walker insulted Benz. So, Walker's purported aggressive or violent character should not have been admitted to show that Walker acted aggressively when he went to Benz's office and insulted Benz.
. As discussed above, we will not reverse a decision to admit improper evidence unless that decision prejudices a party. Shearer, 423 So. 2d at 827. Like Walker's threat to break a doctor's leg, Fondren's testimony regarding his interactions with Walker tended to prove that Walker was unusually aggressive, violent, and unreasonable. Since we remand this matter for a new trial, the circuit court should prohibit Benz from introducing this evidence.
. THE JUDGMENT OF THE LEFLORE COUNTY CIRCUIT COURT IS REVERSED AND REMANDED TO THE CIRCUIT COURT FOR A NEW TRIAL. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLEE.
KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES AND ISHEE, JJ., CONCUR. GRIFFIS, J., NOT PARTICIPATING.
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