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Ryans v. State

The trial court did not err in allowing an officer to testify about the prior consistent statements of a co-defendant, as the defendant implied on cross-examination of the co-defendant that he fabricated portions of his trial testimony and the State was thus allowed to rehabilitate that testimony.

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Appellant Vernon Ryans was indicted along with Sandy Washington, Jeremy Williams, and Andre Madison for malice murder, felony murder, and possession of a firearm during the commission of a crime relating to the shooting of Jeffrey Ellison. Appellant was separately indicted for possession of a firearm by a convicted felon, but that charge was later nolle prossed. Appellant was tried separately, with Madison testifying against him, and the jury found him guilty on the three remaining charges. He appeals, arguing that the trial court erred in allowing an officer to testify about prior consistent statements that Madison had made and in denying his motion for mistrial after his character was allegedly placed into issue improperly. For the reasons that follow, we affirm.1

1. Viewed in the light most favorable to the verdict, the evidence presented at trial showed the following. Shortly after 6:00 p.m. on January 5, 2006, Zannie Worrell was watching television in his home along with Ellison when he heard numerous gunshots being fired at his house. Worrell was not hit, but Ellison, who was sitting on a sofa, was shot in the back of the neck. Worrell called 911, and police officers responded within minutes. Worrell’s house and car, which was parked on the grass in front of the house, had numerous bullet holes in them. Ellison later died from the gunshot wound.

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