Justia Criminal Law Opinion Summaries
Articles Posted in Supreme Court of Mississippi
Anderson v. Mississippi
Michael Anderson was charged with deliberate-design murder, aggravated assault, and being a felon in possession of a firearm. His defense theory of the case was self-defense. Over Anderson’s objection, the prosecution was granted its requested flight instruction. Anderson was convicted on all three counts and received three consecutive life sentences. The Court of Appeals affirmed. Anderson argued on appeal to the Supreme Court that that the trial court erred by giving the flight instruction. Because no evidence was introduced to support that Anderson’s flight was caused by something other than consciousness of guilt, the Supreme Court concluded the trial court did not err. The judgments of both the Court of Appeals and the trial court were affirmed. View "Anderson v. Mississippi" on Justia Law
Burgess v. Mississippi
Casey Burgess was convicted by jury on three counts of sexual battery against his wife, for which he was sentenced to thirty years on each count, to run concurrently. Following the denial of his alternative motions for judgment notwithstanding the verdict or for a new trial, Burgess appealed. Finding no error, the Supreme Court affirmed. View "Burgess v. Mississippi" on Justia Law
Brown v. Mississippi
Michael Brown was the attorney for the guardianship of DeMon McClinton, during which time he embezzled and/or mismanaged more than $1.2 million, much of it in Hinds County, where the guardianship and ward were located. He gave $550,000 of that money to Linus Shackelford as “loans” from the guardianship, the transactions for said loans made in Rankin County. Brown was convicted on two counts of embezzlement in Rankin County for making those “loans” with guardianship funds. Brown appealed his conviction and sentence of ten years’ imprisonment, but the Supreme Court affirmed, finding that the trial court did not commit reversible error during the trial in this case. However, the trial court exceeded its statutory authority with its sentence of restitution; therefore, the Supreme Court vacated the restitution portion of Brown’s sentence and remanded the case for resentencing. View "Brown v. Mississippi" on Justia Law
Graves v. Mississippi
Marshall Graves was convicted of fondling (two counts) and sexual battery (one count) and was sentenced to terms of fifteen years for each count of fondling and life as to one count of sexual battery, all to be served concurrently. Graves’s appellate counsel filed a “Lindsey” brief, certifying to the Supreme Court that the record presented no arguable issues for appeal. Graves filed a pro se brief, asserting numerous errors. After a thorough review of Graves’s pro se brief and the record, the Mississippi Supreme Court found that Graves’s appeal indeed presented no arguable issues. View "Graves v. Mississippi" on Justia Law
Dartez v. Mississippi
Correy Dartez was found guilty of murder by a Harrison County jury and sentenced to life in prison in the custody of the Mississippi Department of Corrections. The trial court denied Dartez’s post-trial motion for a new trial or judgment notwithstanding the verdict. Dartez appealed his conviction, arguing to the Supreme Court that his trial counsel was constitutionally ineffective for failing to raise an insanity defense and for not challenging the introduction into evidence of Dartez’s confession to the police that he had killed his wife Victoria. The Court declined to address Dartez’s ineffective-assistance-of-counsel claim on direct appeal. “Whether Dartez’s trial counsel should have raised an insanity defense and whether trial counsel should have challenged Dartez’s confession involves facts not fully apparent from the record before us. Thus, we are unable adequately and properly to address Dartez’s ineffective-assistance-of-counsel claim on direct appeal. Therefore, we affirm Dartez’s conviction.” The Court left it open to Dartez to represent his claim through a petition for post-conviction relief. View "Dartez v. Mississippi" on Justia Law
Bowser v. Mississippi
Ira Bowser admitted to killing Shabree Page at their apartment in 2012. The question at trial was whether Bowser’s actions were a product of deliberate design murder, second degree murder, heat of passion manslaughter, or self-defense. The jury returned a verdict of deliberate design murder, and the trial court sentenced Bowser, as a habitual offender, to life in the custody of the Mississippi Department of Corrections. On appeal, Bowser challenged the weight and sufficiency of the evidence. After review, the Supreme Court found sufficient evidence to support the jury’s verdict of murder and that the jury’s verdict was not against the overwhelming weight of the evidence. View "Bowser v. Mississippi" on Justia Law
Burrell v. Mississippi
Tyrone Burrell was indicted for kidnapping. Burrell maintained that he merely tricked an elderly man into driving him to Memphis, but a jury found him guilty of kidnapping. The trial court sentenced Burrell to thirty years without parole. Burrell appealed. Finding no reversible error in Burrell’s conviction or in sentencing, the Supreme Court affirmed. View "Burrell v. Mississippi" on Justia Law
Flynt v. Mississippi
Thomas Flynt was convicted of manslaughter for the death of his daughter’s girlfriend, Teresa Groover, after an altercation. According to Flynt, he and Teresa were struggling over a gun when it went off, and he did not remember pulling the trigger. Several people were present during the altercation and at the location where Teresa was shot, but no one saw Flynt shoot her. After the trial, Flynt filed a motion for judgment notwithstanding the verdict or, in the alternative, for a new trial. The trial judge denied the motion, and Tommy appealed. The Supreme Court affirmed, finding that the evidence presented by the State was legally sufficient to allow the jury to conclude, beyond a reasonable doubt, that Flynt was guilty of manslaughter. The Court found no abuse of discretion when the trial court denied Flynt’s motion for JNOV or for a new trial, and it affirmed the judgment of the trial court. View "Flynt v. Mississippi" on Justia Law
Parish v. Mississippi
Daniel Parish appealed his conviction for driving under the influence of marijuana, arguing that the prosecution failed to present sufficient evidence to prove the elements of the charged offense. Finding no error, the Supreme Court affirmed. View "Parish v. Mississippi" on Justia Law