Hamilton v. State

742 So. 2d 1173, 1999 Miss. App. LEXIS 341, 1999 WL 410483
CourtCourt of Appeals of Mississippi
DecidedJune 22, 1999
DocketNo. 97-KA-00509COA
StatusPublished

This text of 742 So. 2d 1173 (Hamilton 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
Hamilton v. State, 742 So. 2d 1173, 1999 Miss. App. LEXIS 341, 1999 WL 410483 (Mich. Ct. App. 1999).

Opinion

COLEMAN, J., for the Court:

¶ 1. The State prosecuted the appellant, Willie Hamilton, on an indictment for the crime of “deliberate design” murder in the Circuit Court of Grenada County. Pursuant to the jury’s verdict that Hamilton was guilty of murder, the trial court entered its judgment of Hamilton’s conviction, in which it sentenced Hamilton to serve the remainder of his natural life in the custody of the Mississippi Department of Corrections. In his appeal from the trial court’s judgment of conviction and sentencing, Hamilton presents for this Court’s analysis and resolution the following two issues, which we quote verbatim from the statement of issues required by Mississippi Rule of Appellate Procedure 28(a)(3) contained in his brief:

1. THE TRIAL COURT ERRED WHEN IT REFUSED TO ALLOW APPELLANT TO PUT [ON] PROOF REGARDING THE VIOLENT PROPENSITIES OF THE VICTIM SINCE EVIDENCE OF THOSE PROPENSITIES WAS RELEVANT TO THE ISSUES OF THE APPELLANT’S STATE OF MIND, HIS CLAIM OF SELF-DEFENSE, AND ALSO WHETHER THE VICTIM WAS THE FIRST AGGRESSOR.
2. THE TRIAL COURT ERRED WHEN IT ALLOWED INTO EVIDENCE PHOTOGRAPHS TAKEN AT THE AUTOPSY SHOWING INSTRUMENTS OF THE EXAMINING PHYSICIAN STUCK INTO AND PROTRUDING OUT OF THE BODY OF THE VICTIM.

Our review and analysis of these two issues result in our affirming the trial court’s judgment of conviction and its sentence of life imprisonment imposed on the appellant, Willie Hamilton.

I. FACTS

¶ 2. On the morning of December 27, 1996, Willie Hamilton drove his two young sons, Marcus, eleven years old, and Wesley, nine years old, from his home in Pope to visit their mother, Vickie Lynn Hamilton, who lived in Apartment No. D-l in the Pine Hill Apartments located at 700 Washington Street in the City of Grenada. Willie Hamilton and Mrs. Hamilton had married in 1984, but they had been separated for quite some time. When Hamilton knocked on the front door of his estranged wife’s apartment, Dewanda Tellis, who was Vicky Lynn Hamilton’s seventeen-year-old daughter, awoke in her bed[1175]*1175room, got out of bed, and walked to the front door. When she opened the front door, Hamilton asked Ms. Tellis to ask her mother, “[C]an the boys come in?” Ms. Tellis closed the front door, went to her mother’s bedroom, and asked her mother, Vickie Lynn Hamilton, if her two sons might come inside. Mrs. Hamilton replied that Wesley and Marcus might come inside, but she instructed her daughter, “[D]on’t let [Mr. Hamilton] in [her] house.” When Ms. Tellis returned to the front door and told Hamilton that his sons could enter the apartment but that he could not, Hamilton replied that he did not want to come inside. Wesley and Marcus went inside their mother’s apartment, and Hamilton returned to his vehicle, a brown El Camino, and drove away.

¶ 3. Fifteen or twenty minutes later, Hamilton returned to his wife’s apartment and began knocking on the front door. This time, Marcus Hamilton opened the front door. Willie Hamilton asked, “Can I come in?” Vickie Lynn Hamilton called out, “Well, no, Willie, you can’t come in.” Nevertheless, Hamilton entered the apartment, and an argument between Hamilton and his wife ensued. The argument culminated in Hamilton’s stabbing his wife two times by his own admission and leaving her lying across a couch in the living room with her legs hanging over its end and her upper torso lying partly on the couch and partly on the floor.

¶4. The Hamiltons’ altercation in the living room re-awakened Dewanda Tellis, who ran from her bedroom into the living room in time to see Hamilton with “his hand up in the air” standing over her mother, who was lying on the couch. Ms. Tellis saw Hamilton stab her mother “above the knee.” Ms. Tellis grabbed Hamilton around his waist and scuffled with him in an effort to protect her mother. While they scuffled, Hamilton reached over Ms. Tellis and stabbed his wife two more times. Then, Hamilton tried to exit through the front door, but he tripped over Vickie Lynn Hamilton, who had fallen entirely onto the floor after Hamilton had finished stabbing her. Another scuffle ensued between Dewanda Tellis and Hamilton for the knife which Hamilton dropped as he stumbled over his wife. Hamilton recovered the knife and ran from the apartment, gathered his two sons, who had earlier run from the apartment for help, and drove away with his sons in his El Camino toward Water Valley.

¶ 5. Natasha Tellis, who ■ was • Vickie , Lynn Hamilton’s niece, had been sleeping in Mrs. Hamilton’s bedroom when the noise of the Hamilton’s altercation awakened her. When Natasha Tellis saw Hamilton attacking her aunt on the couch, she returned to Mrs. Hamilton’s bedroom, where she selected a bottle from among her aunt’s collection of bottles to wield in her defense of Mrs. Hamilton. Natasha Tellis returned to the , living room and hurled the bottle at Hamilton. After Hamilton left his wife’s apartment, Dewan-da Tellis ran next door to the apartment occupied by Ms. Bessie Brooks and begged Ms. Brooks to call the police. However, Ms. Brooks had already called the police because she heard the disturbance next door in Mrs. Hamilton’s apartment.

¶ 6. Grenada policeman George Douglas responded to the call for help at 9:43 o’clock. When Officer Douglas entered Mrs. Hamilton’s apartment, he found Johnny Sandborn kneeling over Mrs. Hamilton, who was lying on the floor. Officer Douglas observed blood “about the chest area” of Mrs. Hamilton. Johnny Sandborn had been driving his truck toward his apartment when “one of the little boys [Marcus Hamilton] ran up and hit[] on the side of [his] truck hollering, ‘Help! Help! My daddy is stabbing my mamma.’ ” Sandborn followed Marcus to Mrs. Hamilton’s apartment.

¶ 7. James Russell Carver, a detective with the Grenada Police Department, arrived at the apartment after Officer Douglas had secured it. Mrs. Hamilton had already been taken to the hospital. Although both Officer Douglas and Detective [1176]*1176Carver acknowledged that their search was only “visual,” neither officer found any knife or other weapon in the living room. Later, Detective Carver observed the postmortem examination of Mrs. Hamilton’s corpse which a Grenada pathologist, Dr. Tom McGee, performed in the morgue of the hospital in Grenada. Dr. McGee identified and described twelve distinct wounds on and about a finger, a wrist, and chest of her corpse. During Detective Carver’s observation of the autopsy, he took approximately fifteen pictures of the thirteen wounds which Dr. McGee identified and described in the course of his examination. Six of these photographs depicted several of the wounds with a surgical instrument inserted into them.

¶ 8. Later that day, Willie Hamilton drove to the home of his employer, Mike Darby, a resident of Pope, Mississippi, and a former Panola County supervisor. Darby and his wife saw Hamilton walking toward them as they were “coming out from [their] garage at [the Darbys’ home].” Crying, Hamilton told Darby, “Mike, I have killed Lynn.” Hamilton asked Darby to take him to the Tallahat-chie County Sheriffs Department. After Darby called to confirm that “they were looking for [Hamilton],” Darby prepared to drive Hamilton to the sheriffs department. As Darby got into the driver’s side of his pickup truck, Patrick Sheggog, who had ridden with Hamilton to Darby’s residence and whom Darby knew, approached Darby with a knife. Sheggog handed the knife to Darby and said, “This is Willie’s.” Darby gave the knife to a deputy sheriff after Hamilton and he had arrived at the sheriffs department.

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Bluebook (online)
742 So. 2d 1173, 1999 Miss. App. LEXIS 341, 1999 WL 410483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-state-missctapp-1999.