Glenn v. State

42 So. 3d 574, 2010 Miss. App. LEXIS 6, 2010 WL 22521
CourtCourt of Appeals of Mississippi
DecidedJanuary 5, 2010
Docket2008-KA-01551-COA
StatusPublished

This text of 42 So. 3d 574 (Glenn 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
Glenn v. State, 42 So. 3d 574, 2010 Miss. App. LEXIS 6, 2010 WL 22521 (Mich. Ct. App. 2010).

Opinion

ROBERTS, J., for the Court.

¶ 1. A jury sitting before the Jackson County Circuit Court found Karrie Lin-nette Glenn guilty of the murder of her husband, Roy Anthony Glenn (Tony), as an accessory-before-the-fact because she encouraged and persuaded David Stokes to kill Tony. The circuit court sentenced Kar-rie to life in the custody of the Mississippi Department of Corrections (MDOC). Aggrieved, Karrie appeals and raises three issues. First, Karrie claims that the circuit court erred when it refused one of her proffered jury instructions. Additionally, Karrie claims that there was insufficient evidence to support the jury’s verdict. Within the same argument, Karrie argues that the jury’s verdict is contrary to the weight of the evidence. Finally, Karrie urges this Court to remand this matter for a new trial due to the cumulative effect of errors. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. By all appearances, Tony and Karrie were unassuming residents of Jackson County, Mississippi. As of the summer of 1998, they had been married for approximately eight years. They had two young children: a six-year-old daughter, Samantha, and a one-year-old son, Ryan. Tony worked as a truck driver for Clark Seafood, and Karrie worked as a home-health nurse.

¶ 3. The events that led to Karrie’s conviction were set into motion on Monday, July 27, 1998. On weekdays, Tony’s grandmother, Marjorie Glenn (Marjorie), kept Ryan while Karrie tended to her duties as a home-health nurse. Tony kept Samantha when he was not driving. 1 Otherwise, Samantha went to daycare during the summer. Tony was not driving that Monday morning. Even so, Karrie called Marjorie early that morning and asked whether she could keep both Ryan and Samantha. Marjorie did not object. Tony was asleep when Karrie left and took both children to Marjorie’s house. Karrie saw her first patient at approximately 8:00 a.m. She was with that patient for approximately an hour.

¶ 4. Karrie was tending to her second patient when her pager went off at 9:17 a.m. She called the number on her pager and spoke with one of her neighbors, Rufus Young (Rufus), who told her that “something was wrong with Tony” and *577 that she needed to come home. Rufus did not tell Karrie what was wrong with Tony, and Karrie did not call home to determine what was wrong.

¶ 5. At approximately 10:50 a.m. — over an hour after she had spoken to Rufus— Karrie arrived at her home. Numerous law enforcement officers with the Jackson County Sheriffs Department were there. Karrie was not allowed inside her home at that time because Tony had been killed. To be specific, Tony had been shot twice.

¶ 6. Karrie later went inside the house and reported that a shotgun was missing from the home. Later, Todd Johnson (Todd), a family friend, drove Karrie to the home of Tony’s parents, Roy and Sharon Glenn. Along with other friends and relatives, Stokes, the former boyfriend of Tony’s and Karrie’s niece, went to Roy and Sharon’s house to offer his condolences.

¶ 7. The subsequent investigation revealed that all was not as it seemed in the Glenn household. Authorities interviewed Todd, who had discovered Tony’s body. According to Todd, Karrie had visited his house the night before Tony was killed. Todd reported that, during Karrie’s visit, she said that she had found what she thought to be a hotel key in Tony’s pocket. Todd also reported that Karrie was concerned that Tony was having an affair. Todd told investigators that he went to Tony’s house that morning to see how Tony was doing.

¶ 8. During subsequent interviews, Todd elaborated and revealed to Detective Sergeant Dean Reiter, the lead investigator during the 1998 investigation, that he also wanted to see if Tony “wanted to burn one with him.” That is, Todd wanted to see if Tony wanted to smoke marijuana with him.

¶ 9. In addition to possible marital disputes, the investigation revealed that Kar-rie had a second source of income aside from her wages as a home-health nurse. Karrie sold marijuana when she was not tending to her patients. Not only that, Stokes assisted Karrie in her illegal venture. Although Karrie was not a suspect at that time, Detective Sergeant Reiter interviewed Karrie. Karrie revealed that approximately one month before Tony was killed, she had bought ten pounds of marijuana from Wayne Young (Wayne), a commercial fisherman as well as a neighbor of the Glenns’ and Rufus’s cousin. According to Karrie, Stokes weighed the marijuana and divided it so it could be sold in smaller portions. Karrie later refused to pay Wayne for all of the marijuana because, according to her and Stokes, the marijuana Karrie had purchased from Wayne was fourteen ounces less than ten pounds. This caused a dispute between Karrie and Wayne; Karrie refused to pay Wayne for those fourteen missing ounces of marijuana, and Wayne did not believe that Karrie did not receive the entire ten pounds of marijuana.

¶ 10. Karrie corroborated Todd’s statements that she and Tony had a dispute the day before Tony was killed. She also corroborated Todd’s statement that she went to his house the evening before Tony was killed; however, she added that Stokes was with her. According to Karrie, she and Stokes left Todd’s house at approximately 9:00 p.m. and went back to her house. Karrie stated that Stokes left, and she and Tony reconciled after their dispute.

¶ 11. As for the events on the day that Tony was killed, Karrie reported that Stokes arrived at her house at approximately 6:30 a.m. She explained that she left at 6:45 a.m., dropped off her children, and tended to her patients. Karrie also explained that she received a page and called Rufus, who told her that something *578 had happened to Tony. Karrie indicated that she thought Wayne had killed Tony. Three days after Tony’s death, Wayne was arrested as he returned from a commercial fishing trip. However, Wayne had an alibi. He could not have killed Tony because he left on his commercial fishing trip before Tony was killed and had not returned until he was arrested. Wayne also indicated that Stokes and Karrie might have had a physical relationship. Both Karrie and Stokes denied that they had such a relationship.

¶ 12. During Stokes’s interviews, he denied having any involvement in Tony’s death, but he also indicated that Wayne had something to do with Tony’s death. Detective Sergeant Reiter obtained consent to search the house where Stokes lived with his mother. Some of Stokes’s clothing and three unfired twelve-gauge-shotgun shells were seized.

¶ 13. Meanwhile, Karrie arranged Tony’s funeral with the help of her mother and Tony’s mother, Sharon. At Karrie’s request, Todd and Stokes were pallbearers at Tony’s funeral. However, Stokes became distraught at the funeral and was unable to perform his function as a pallbearer. Three days later, Stokes moved to Charleston, South Carolina.

¶ 14. Afterward, Karrie’s and Tony’s extended family packed up the house for Karrie and the children, and Karrie proceeded to raise the children in another home. Authorities were unable to determine who had killed Tony. The case became cold.

¶ 15. The investigation became productive again, albeit unexpectedly in 2007, when Lieutenant Ken McClenic spoke with Ronald Allen, an inmate in Greene County.

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Cite This Page — Counsel Stack

Bluebook (online)
42 So. 3d 574, 2010 Miss. App. LEXIS 6, 2010 WL 22521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glenn-v-state-missctapp-2010.