Harris v. State

892 So. 2d 830, 2004 WL 2283510
CourtCourt of Appeals of Mississippi
DecidedOctober 12, 2004
Docket2003-KA-01412-COA
StatusPublished
Cited by4 cases

This text of 892 So. 2d 830 (Harris 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
Harris v. State, 892 So. 2d 830, 2004 WL 2283510 (Mich. Ct. App. 2004).

Opinion

892 So.2d 830 (2004)

David HARRIS, Jr., Appellant,
v.
STATE of Mississippi, Appellee.

No. 2003-KA-01412-COA.

Court of Appeals of Mississippi.

October 12, 2004.
Rehearing Denied February 1, 2005.

*831 Michael Lee Dulaney, attorney for appellant.

Office of the Attorney General by W. Glenn Watts, attorney for appellee.

Before KING, C.J., IRVING and MYERS, JJ.

MYERS, J., for the Court.

¶ 1. On June 9, 2003, David Harris, Jr. was found guilty of aggravated assault before the Circuit Court of Itawamba County and received a ten year sentence with ten years suspended and five years supervised probation. David timely filed a motion for judgment notwithstanding the verdict or, in the alternative, for a new trial. Said motion having been denied, David raises the following issues on appeal:

I. WHETHER THE JURY'S VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.
II. WHETHER THE APPELLANT WAS IMPROPERLY IMPEACHED WITH EXTRINSIC EVIDENCE AT TRIAL.
III. WHETHER THE TRIAL COURT ERRED IN REFUSING A JURY INSTRUCTION FOR SIMPLE ASSAULT.
IV. WHETHER THE STATE FAILED TO PROVE EACH ELEMENT *832 OF THE CRIME BEYOND A REASONABLE DOUBT.
V. WHETHER THE APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL.

Finding no error, we affirm.

STATEMENT OF FACTS

¶ 2. On June 9, 2003, David Harris, Jr. was tried for the aggravated assault of his brother, Adam Bradley Harris, before the Circuit Court of Itawamba County. The altercation, which took place at Adam's residence on July 28, 2001, was quite brutal. Adam received stitches and staples to his face and head and multiple surgeries were required for his left foot. Adam's head injuries were inflicted by David through the use of a pistol as a blunt object and also by using a coping saw to cut and stab the victim. Adam's foot was also trampled by David, causing a severe fracture which made necessary multiple surgeries and requires the use of walking aids for life.

¶ 3. The dispute arose from a disagreement regarding how quickly Adam was moving from the house in which he was living, a house located across the street from David. David wanted Adam out of the house as quickly as possible so that his ex-wife could move in. Her moving in across the street was to allow for easier child care. Although there were competing theories as to the exact catalyst for the tussle, the dispute arose to some extent regarding Adam's vacating the house.

LEGAL ANALYSIS

I. WHETHER THE JURY'S VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.

¶ 4. David asserts that the circuit court erred in denying his motion for judgment notwithstanding the verdict (JNOV) or, in the alternative, for a new trial. It is David's contention that the State did not prove beyond a reasonable doubt, all necessary elements of aggravated assault as defined by Mississippi Code Annotated § 97-3-7(2) (Rev.2000). Section 97-3-7(2) defines aggravated assault as follows:

(2) A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; or (b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm[.]

The State argues that each element of the crime charged was supported by credible, substantial evidence.

STANDARD OF REVIEW

¶ 5. We apply different standards in reviewing motions for JNOV and for a new trial.

The standard of review applied to motions for directed verdict or JNOV is as follows:

Requests for a directed verdict and motions JNOV implicate the sufficiency of the evidence. We must, with respect to each element of the offense, consider all of the evidence — not just the evidence which supports the case for the prosecution — in the light most favorable to the verdict. The credible evidence which is consistent with the guilt must be accepted as true. The prosecution must be given the benefit of all favorable inferences that may reasonably be drawn from the evidence. Matters regarding the weight and credibility to be accorded the evidence are to be resolved by the jury. We may reverse only where, with respect to one or more of the elements *833 of the offense charged, the evidence so considered is such that reasonable and fair-minded jurors could only find the accused not guilty.

Ferguson v. State, 856 So.2d 334, 340-41(¶ 22) (Miss.Ct.App.2003) (citing Gleeton v. State, 716 So.2d 1083, 1087(¶ 14) (Miss.1998)) (overruled on other grounds by Miss. Transp. Comm'n v. McLemore, 863 So.2d 31 (Miss.2003)).

¶ 6. It is well-settled law in Mississippi that in order to make a determination that the jury's verdict is against the overwhelming weight of the evidence, this Court must accept as true the evidence which supports the verdict and will reverse that verdict only when it is determined that the circuit court has abused its discretion in failing to grant a new trial. Dudley v. State, 719 So.2d 180, 182(¶ 8) (Miss.1998) (citing Herring v. State, 691 So.2d 948, 957 (Miss.1997)). As such, if the verdict is against the overwhelming weight of the evidence, then a new trial is proper. Id. (citing May v. State, 460 So.2d 778, 781-82 (Miss.1984)).

¶ 7. Thus, the standard of review for the grant or denial of a JNOV is whether "sufficient evidence existed to warrant the verdict and whether fair-minded jurors could have arrived at the same verdict," and the standard for the grant or denial of a new trial is whether the verdict was "so contrary to the overwhelming weight of the evidence" that not overturning the verdict would be an "unconscionable injustice." Eichelberger v. State, 816 So.2d 466, 467 (¶¶ 3-4) (Miss.Ct.App.2002).

DISCUSSION

¶ 8. At trial, there were two competing theories as to whether Adam or David was the initial aggressor in the altercation. Adam insisted that David was the aggressor. Adam's contention was that David became enraged over the speed in which he was moving out of the house. David, Bonnie Harris, and Helen Harris each contend that Adam triggered the fight by placing a pistol to David's head over a dispute stemming from a water bill, and thus, David acted in self-defense. Under both theories, Adam was struck in the head with a pistol, causing severe loss of blood and requiring immediate medical treatment. The difference between the two theories is the state of mind of David and it is the role of the jury to determine which theory is most accurate.

¶ 9. It is established in Mississippi that matters regarding the weight and credibility accorded the evidence are to be resolved by the jury. Harvey v. State, 875 So.2d 1133, 1136(¶ 18) (Miss.Ct.App.2004) (citing Deloach v. State, 811 So.2d 454(¶ 9) (Miss.Ct.App.2001)). It is the role of the jury to determine the credibility of the witnesses and the weight given their testimony. Burge v. Spiers, 856 So.2d 577, 580(¶ 9) (Miss.Ct.App.2003). The jury is to determine which recollection is to be believed. The jury returned a verdict which was sufficiently supported by the evidence and fair-minded jurors could have arrived at the same verdict. The jury chose to believe the testimony of Adam, which possessed the necessary elements of aggravated assault as defined by Miss Code Ann.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Williams v. State
136 So. 3d 446 (Court of Appeals of Mississippi, 2014)
KAMBULE v. State
19 So. 3d 120 (Court of Appeals of Mississippi, 2009)
Grubbs v. State
956 So. 2d 932 (Court of Appeals of Mississippi, 2006)
Yates v. State
919 So. 2d 1122 (Court of Appeals of Mississippi, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
892 So. 2d 830, 2004 WL 2283510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-state-missctapp-2004.