Bradshaw v. State

138 So. 3d 199, 2013 WL 6438957, 2013 Miss. App. LEXIS 858
CourtCourt of Appeals of Mississippi
DecidedDecember 10, 2013
DocketNo. 2013-KA-00055-COA
StatusPublished

This text of 138 So. 3d 199 (Bradshaw v. State) 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
Bradshaw v. State, 138 So. 3d 199, 2013 WL 6438957, 2013 Miss. App. LEXIS 858 (Mich. Ct. App. 2013).

Opinion

IRVING, P.J.,

for the Court:

¶ 1. On April 5, 2012, a Harrison County jury convicted Brian David Bradshaw of the murder of Benny Johnston. The circuit court sentenced Bradshaw to life in the custody of the Mississippi Department of Corrections. Bradshaw filed a motion for a judgment notwithstanding the verdict (JNOV) or, in the alternative, for a new trial, which the circuit court denied. Feeling aggrieved, Bradshaw appeals and argues that (1) the jury’s verdict is against the overwhelming weight of the evidence; (2) the circuit court improperly suppressed Johnston’s blood-toxicology results; and (3) the circuit court erred in giving jury instruction S-12 to the jury.

¶ 2. Finding no error, we affirm.

FACTS

¶3. On April 15, 2010, Bradshaw and Sean Merritt lived with Merritt’s sister, Cali Merritt, in Gulfport, Mississippi. Cali was also Bradshaw’s girlfriend at the time, and they have two children together. Earlier during the day, Merritt and Cali visited with Tiffany Jordan, a friend of Cali’s, at Jordan’s home, where they became reacquainted with Johnston.1 During the visit, Johnston agreed to assist Merritt with babysitting for Cali and Jordan when they went to work later that evening. Merritt, Johnston, Cali, and the children returned to Cali’s home. Merritt cooked dinner while Johnston cleaned the house.

¶ 4. After the women left for work, Bradshaw came home from work. He drank beer and used drugs with Merritt and Johnston. Later that evening, the men assisted one another in getting the children ready for bed. One of the children complained that she could not sleep. Merritt took the child for a walk, leaving [201]*201Bradshaw and Johnston at the home to watch the other children. When Merritt returned to the home, Bradshaw and Johnston were arguing in the living room.

¶ 5. At trial, Merritt testified that he did not know what the argument between Bradshaw and Johnston was about and that neither seemed to want to talk to him about the argument. He initially tried to calm the men down but then left the room to put the child, who had been unable to sleep, back to bed. When he returned to the living room, Merritt noticed that Bradshaw and Johnston were still arguing. In an effort to diffuse the situation, Merritt invited Johnston to the garage to smoke, and Johnston agreed. Merritt stated that as he and Johnston were entering the garage, Johnston turned to him to ask for a “cigarette or for a lighter or something,” and he “heard [Johnston] get hit in the head.” He watched Johnston fall to the ground. When he approached Johnston to check for a pulse, Johnston started having convulsions. When the convulsions stopped, Merritt checked to see if Johnston was still breathing. He testified that it was difficult to determine whether Johnston had a pulse because his “own heart was beating so hard.”

¶ 6. Merritt left the garage to check on the children. When he returned to the garage, he noticed that Johnston “had bled a lot by that point” and was not breathing. At this point, Bradshaw entered the garage and stabbed Johnston in the back of his neck. Merritt and Bradshaw loaded Johnston’s body into the back of Bradshaw’s work van and drove to Mount Olive, Mississippi, where they dumped Johnston’s body. Merritt noted that Bradshaw is left-handed.

¶ 7. Cali testified that she called Merritt, Johnston, and Bradshaw on the phone from work throughout the night of the murder. She stated that Bradshaw told her that he and Johnston were arguing but that Johnston later told her that the argument was over. When she got home from work, Johnston’s body was not in her garage, Merritt and Bradshaw were gone, and there was a hole in a wall in the living room. Cali also stated that Bradshaw is left-handed.

¶8. Investigator Joe Sturm, with the Harrison County Sheriffs Office, testified that he was not officially involved with Bradshaw’s case until April 19, 2010, when he took Bradshaw’s statement. On April 19, 2010, Harrison County law enforcement officials questioned Bradshaw at the sheriffs office. During a break in questioning, Bradshaw knocked on Investigator Sturm’s office door and told him that “he wanted to talk.” Investigator Sturm took Bradshaw back to the interview room and took Bradshaw’s statement. According to Bradshaw, on the night of the incident, he and Johnston were “drinking some Canadian Mist whiskey and doing drugs.” One of Bradshaw’s children had awoken, come out of the bedroom, and complained about being unable to sleep. Johnston allegedly told the child to “shut up and go back into the bedroom.” Johnston’s comment to the child angered Bradshaw, which led him to confront Johnston. Bradshaw told Investigator Sturm that Johnston “forced him into the garage” during the confrontation. As they entered the garage, Bradshaw picked up a baseball bat and hit Johnston in the back of the head. Johnston fell to the floor and began convulsing. Bradshaw stated that he stabbed Johnston to “put him out of his misery.”

¶ 9. Dr. Paul McGarry, an expert in forensic pathology, performed the autopsy on Johnston’s body. At trial, he testified that Johnston had no defensive wounds on his body, which signified that he was not “aware that he [was] in danger of being attacked.” Based on the location of the [202]*202injury to Johnston’s head, Dr. McGarry opined that Johnston was hit from behind by someone who is left-handed. Dr. McGarry also testified regarding the extent of Johnston’s injuries. According to Dr. McGarry, when Bradshaw hit Johnston with the baseball bat, Bradshaw fractured Johnston’s skull and part of “the bone had been driven into the brain cavity.” This injury would have caused unconsciousness and “convulsive seizures to make [Johnston] shake and jerk.” However, according to Dr. McGarry, Johnston “could have survived that [injury].” Dr. McGarry opined, to a reasonable degree of medical certainty, that the cause of death was “the stab wound to the back of the neck[,] severing the spinal cord.”

¶ 10. Additional facts, as necessary, will be related during our analysis and discussion of the issues.

ANALYSIS AND DISCUSSION OF THE ISSUES

I. New Trial

¶ 11. Bradshaw contends that the circuit court erred in denying his motion for a new trial. He argues that, at most, the evidence supports a manslaughter conviction, as opposed to a murder conviction, because he killed Johnston in the “heat of passion.”

¶ 12. A motion for a new trial challenges the weight of the evidence. Woodard v. State, 765 So.2d 573, 576 (¶ 16) (Miss.Ct.App.2000). A “motion for a new trial is addressed to the discretion of the [circuit] court, and .... should be invoked [sic] only in exceptional cases in which the evidence preponderates heavily against the verdict.” Weatherspoon v. State, 56 So.3d 559, 564 (¶ 20) (Miss.2011) (quoting Bush v. State, 895 So.2d 836, 844 (¶ 18) (Miss.2005)). When reviewing a challenge to the weight of the evidence, appellate courts should weigh the evidence in the light most favorable to the jury’s verdict and should “only disturb a verdict when it is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice.” Id. (quoting Bush, 895 So.2d at 844 (¶ 18)).

¶ 13. Here, the jury convicted Bradshaw of deliberate-design murder pursuant to Mississippi Code Annotated section 97-3-19(l)(a) (Rev.2006).

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Bluebook (online)
138 So. 3d 199, 2013 WL 6438957, 2013 Miss. App. LEXIS 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradshaw-v-state-missctapp-2013.