Case: 25CI1:16-cr-00836-LER

Document #: 76

Filed: 12/02/2016

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IN THE CIRCUIT COURT OF HINDS COUNTY, MISSISSIPPI

STATE OF MISSISSIPPI
VS.

PLAINTIFF
CAUSE NO. 25CI1:16-cr-00836

ROBERT SHULER SMITH

DEFENDANT

STATE OF MISSISSIPPIS MOTION PURSUANT TO RULE 404(b)

COMES NOW, the State of Mississippi, by and through the Office of the
Mississippi Attorney General, and files this its Motion pursuant to Rule 404(b) of the
Mississippi Rules of Evidence. In support of its Motion, the State of Mississippi would
show the Court the following:
1. Rule 404(b)(2) of the Mississippi Rules of Evidence provides in relevant part:
(b) Crimes, Wrongs or Other Acts
(2) Permitted Uses. This evidence may be admissible for another
purpose, such as proving motive, opportunity, intent, preparation, plan,
knowledge, identity, absence of mistake, or lack of accident.
2.

In prior hearings in this matter, defendant Robert Shuler Smith has

suggested that he was investigating alleged bribery schemes being perpetrated in his
office by members of his staff. Smith has also referred to testimony from Tracey
Chandler, who appeared before a grand jury in Hinds County earlier this year. In the
case of Chandler, Smith even took the extraordinary step of having her testimony
recorded by a court reporter, in a somewhat unusual break with the standard practice
(and prevailing law) that grand jury proceedings not be recorded.

Case: 25CI1:16-cr-00836-LER

Document #: 76

Filed: 12/02/2016

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3. In point of fact, evidence of other bribery activities are recounted in the FBI
302 report of interview of Robert Earl Henderson (also known as Too Sweet) which
has been provided to the defense in discovery in this case. In that FBI 302, Henderson
recounts numerous instances of monies being passed directly to Smith. Henderson has
been indicted for bribery. A copy of the Henderson indictment is attached hereto as
Exhibit A. Accordingly, testimony regarding the bribery scheme in which Henderson
was involved is admissible under Rule 404(b) to show motive, intent, knowledge,
identity and absence of mistake. Admission of such evidence is further authorized to
permit the State to tell a complete story and to avoid confusion among the jurors.
Admission also is consistent with the decisions in Boggs v. State of Mississippi, 188
So.3d 515 (Miss. 2016); Brown v. State of Mississippi, 890 So.2d 901 (Miss. 2004);
Liddell v. State of Mississippi, 33 So.3d 524 (Miss.App. 2010); and Givens v. State of
Mississippi, 730 So.2d 81 (Miss.App. 1998).
WHEREFORE, premises considered, the State respectfully requests that this
Court enter an order permitting the admission of testimony regarding the bribery
scheme involving Robert Earl Henderson pursuant to Rule 404(b).
THIS the 2nd

day of December, 2016.

Respectfully submitted,
JIM HOOD, MISSISSIPPI
ATTORNEY GENERAL
s/Robert G. Anderson
BY: Robert G. Anderson
Special Assistant Attorney General
MS Bar No. 1589
-2-

Case: 25CI1:16-cr-00836-LER

Document #: 76

Filed: 12/02/2016

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Larry G. Baker
Special Assistant Attorney General
MS Bar No. 100569
P.O. Box 220
Jackson, MS 39205
Telephone: (601) 576-4254

CERTIFICATE OF SERVICE
I, Robert G. Anderson, hereby certify that I have this day filed the above and
foregoing Motion with the Clerk of Court, utilizing the Courts electronic case filing
system, which caused a copy to be sent to Jim Waide, Attorney for Defendant, Robert
Shuler Smith, at his usual e-mail address of waide@waidelaw.com.
THIS the 2nd

day of December, 2016.

s/Robert G. Anderson
Robert G. Anderson
Special Assistant Attorney General
MS Bar No. 1589

-3-

Case: 25CI1:16-cr-00836-LER

Document #: 76-1

Filed: 12/02/2016

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Case: 25CI1:16-cr-00836-LER

Document #: 76-1

Filed: 12/02/2016

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