Erroneous Evidentiary Ruling Cases In Mississippi
Whether evidence is admissible is within the discretion of the trial judge. Davis v. State, 684 So. 2d 643, 661 (Miss. 1996); Johnston v. State, 567 So. 2d 237, 238 (Miss. 1990).
His decision will not be overturned on appeal unless it was an abuse of discretion. Davis, 684 So. 2d at 661; Johnston, 567 So. 2d at 238.
The Court will not reverse the trial court's decision merely because of an erroneous evidentiary ruling. Newsom v. State, 629 So. 2d 611, 614 (Miss 1993).
The appellant must show that he was effectively denied a substantial right by the ruling before a reversal can be possible. Peterson v. State, 671 So. 2d 647, 656 (Miss. 1996); Newsom, 629 So. 2d at 614.
If a constitutional right has been violated, the case must be reversed unless the Court finds that the "error was harmless beyond a reasonable doubt" upon consideration of the entire record. Newsom, 629 So. 2d at 614.