Antwine Equality Graves v. State of Mississippi

187 So. 3d 173, 2015 Miss. App. LEXIS 406, 2015 WL 4620284
CourtCourt of Appeals of Mississippi
DecidedAugust 4, 2015
Docket2013-CA-01619-COA
StatusPublished
Cited by4 cases

This text of 187 So. 3d 173 (Antwine Equality Graves v. State of Mississippi) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Antwine Equality Graves v. State of Mississippi, 187 So. 3d 173, 2015 Miss. App. LEXIS 406, 2015 WL 4620284 (Mich. Ct. App. 2015).

Opinion

MAXWELL, J.,

for the Court:

¶ 1. The Mississippi Supreme Court ordered an evidentiary.hearing on Antwine Equality Graves’s post-conviction relief (PCR) motion. The sole issue was the recantation of a witness from Graves’s murder trial. As directed, the circuit judge conducted the hearing but was not swayed by the recanting witness’s affidavit or his new testimony that he did not really see Graves shoot the victim. So the circuit judge denied Graves’s request for a new trial. After review, we find-the-judge’s denial was supported by substantial evi *175 dence and was not clearly erroneous. We thus affirm.

Facts and Procedural History

¶2. On January 13, 2011, Graves dropped by the Blue Note Lounge in Biloxi, Mississippi. As the night progressed, Graves got into an argument with Marlon Bland. Both men were-told to ,leave the bar, which they did. As Graves and Marlon went outside, the two continued to argue. The disagreement ended abruptly when Marlon was shot with a pistol. There was conflicting evidence about who shot Marlon. But it was undisputed that Marlon was shot in the neck and died outside the lounge around 3 a.m.

¶3. Graves was later charged with Marlon’s murder. Willie Fairley gave a statement to police that he saw Graves shoot Marlon. And Fairley later testified at trial that he watched Graves shoot Marlon in the neck. Daray Bland — Marlon’s brother — also testified at trial that he saw Graves shoot Marlon.'

¶ 4. On January 20, 2002, a jury found Graves guilty of murder. Since he had two prior felonies, Graves was sentenced as a habitual offender to life without parole. On direct appeal, this court affirmed Graves’s conviction and sentence. See Graves v. State, 914 So.2d 788, 799 (¶ 42) (MIss.Ct.App.2005).

¶5. Graves later sought permission from our supreme court to seek post-conviction relief. The supreme court granted Graves’s request, but strictly limited his PCR motion. Graves was only allowed to seek PCR review of one issue — “the issue of the recantation of Willie Earl Fairley’s testimony!)]” And the supreme court denied Graves’s request to pursue his remaining PCR claims.

¶ 6. On June 20, 2013, the circuit judge held an evidentiary hearing. The only issue teed up for review was Fairley’s recanted testimony. As expected, during the PCR hearing, Fairley recanted his trial testimony. His new testimony centered on his claim that he was in the club during the shooting, so he did not really see who shot. Marlon. When asked why he had earlier testified at trial that he did see Graves shoot Marlon, Fairley said he felt pressured by Marlon’s family — a different reason from the one offered in his recanting affidavit.

¶7. During the hearing, Fairley conceded the differences between his PCR testimony and recanting affidavit. According to the affidavit, he was pressured by law enforcement officers to say he witnessed the shooting. And he felt responsible because he took Marlon to the club the night he was murdered.

¶ 8. But one thing Fairley was consistent about was the fact that he did not prepare the affidavit himself. Instead, Graves’s PCR attorneys 1 crafted a typed affidavit, including its content, before ever talking to him. They later presented it to him for his signature. As Fairley put it, he would not have come forward with the “truth” had he not been sought out by Graves’s attorneys.

¶ 9. Graves took the stand at the PCR hearing, denying that he shot Marlon, And while Graves was'testifying, his attorney tried to introduce a 911 recording— purportedly from Marlon’s brother, Da-ray — in an effort to retroactively impeach Daray’s trial testimony. But citing thé supreme court’s specific limitation to Fair-ley’s recantation, the circuit judge found *176 the 911-recording issues were not properly before him.

¶ 10. After the hearing, the circuit judge entered an order denying Graves’s PCR motion. In his order, the judge expressed that he had properly viewed Fair-ley’s recanted testimony with suspicion. And he “was not satisfied with the truthfulness” of Fairley’s new testimony at the hearing. Because he did not believe Fair-ley’s recantation, he denied Graves’s PCR motion.

¶ 11. Graves appealed.

Discussion

I. Recanted Testimony

¶ 12. While Graves suggests the circuit judge should have given more credibility to Fairley’s recanted testimony and granted a new trial, credibility decisions are for the trial judge, not this court. And here, we find no reason to tamper with the judge’s denial of the PCR motion.

¶18. It is true 'that recanted testimony, if believed by the trial judge, may in some situations require a new trial. But the mere fact a trial witness later recants does not itself necessitate a new trial. Sharp v. State, 152 So.3d 1212, 1214 (¶ 10) (Miss.Ct.App.2014) (quoting Woods v. State, 141 So.3d 14, 16 (¶ 10) (Miss.Ct. App.2014)). Recanted testimony, however, is an “adequate ground” for granting an evidentiary hearing. Id. Such a hearing allows the judge to “better evaluate the testimony of the recanting witness” and resolve credibility issues. Id.; see also Turner v. State, 771 So.2d 973, 976 (¶8) (Miss.Ct.App.2000). Typically, the judge is tasked with deciding if the witness was lying at trial or later at the PCR hearing. Id. As our supreme court has put it, when making this credibility call, trial judges should be mindful that “recanting testimony is exceedingly unreliable[.]” Williams v. State, 669 So.2d 44, 53 (Miss.1996) (quoting Bradley v. State, 214 So.2d 815, 817 (Miss.1968)). So trial judges should be mindful to regard recanting testimony “with suspicion.” Id. If the judge “is not satisfied that such testimony is true,” the judge has “the right and duty ... to deny a new trial.” Id.

¶ 14. Here, the circuit judge followed these dictates. He opted to hold an evi-dentiary hearing about Fairley’s recanted testimony — testimony he viewed as highly suspect. As the judge put it, he “was not satisfied with the truthfulness of the testimony provided by [Fairley] at the [PCR] hearing.” This decision was certainly within the judge’s prerogative. And we cannot fault him for discrediting Graves’s new testimony since “experience teaches all courts a healthy skepticism toward recanted testimony.” Sharp, 152 So.3d at 1214 (¶ 10).

¶ 15. Also telling was Fairley’s admission that he only came forward after one of Graves’s PCR lawyers approached him with a pre-made affidavit a decade after Graves’s conviction. Fairley had not even mentioned recanting before he was approached. And it was the PCR attorney, not Fairley, who described the alleged facts listed in the affidavit — purported facts that ultimately conflicted with Fair-ley’s PCR testimony. Fairley merely signed it.

¶ 16. On top of that, Fairley was not the lone witness who testified at Graves’s murder trial that Graves was the shooter. Both Fairley and Daray testified that they saw Graves shoot Marlon. Though Fair-ley recanted his testimony, Daray did not.

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187 So. 3d 173, 2015 Miss. App. LEXIS 406, 2015 WL 4620284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/antwine-equality-graves-v-state-of-mississippi-missctapp-2015.