Johnson v. State

987 So. 2d 420, 2008 WL 2927841
CourtMississippi Supreme Court
DecidedJuly 31, 2008
Docket2007-KA-00159-SCT
StatusPublished
Cited by24 cases

This text of 987 So. 2d 420 (Johnson v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. State, 987 So. 2d 420, 2008 WL 2927841 (Mich. 2008).

Opinion

987 So.2d 420 (2008)

Ardes Lee JOHNSON
v.
STATE of Mississippi.

No. 2007-KA-00159-SCT.

Supreme Court of Mississippi.

July 31, 2008.

*422 Benjamin Allen Suber, Boyd P. Atkinson, Cleveland, Glenn S. Swartzfager, Jackson, attorneys for appellant.

Office of the Attorney General by Stephanie Breland Wood, attorney for appellee.

EN BANC.

RANDOLPH, Justice, for the Court.

¶ 1. The longstanding, seldom-applied, legal doctrine which we are required to address in the case sub judice is commonly referred to as the "Weathersby rule." This appellation originated from a decision of this Court seventy-five years ago. See Weathersby v. State, 165 Miss. 207, 147 So. 481 (1933). It is neither unique nor novel. The principle involved has been accepted in our jurisprudence for nearly a century. See Houston v. State, 117 Miss. 311, 78 So. 182 (1918).

¶ 2. The conviction being appealed resulted from Ardes Lee Johnson's third trial related to the demise of Dennis Terrell Davis. Johnson was first tried for, and convicted of, murder in May 2004. However, he was granted a new trial based upon the trial court's error in failing to charge the jury properly.[1]See Johnson v. State, 908 So.2d 758 (Miss.2005). On November 29, 2005, following his second trial, the circuit court filed a "Trial Judgment" granting Johnson's motion for mistrial and request for a bond after the jury was unable to reach a verdict. In December 2006, Johnson was once again tried. At the conclusion of the State's case, Johnson moved for a directed verdict based upon insufficiency of the evidence, which was denied. The same motion was again offered and denied when Johnson rested. He was then convicted of manslaughter and sentenced to twenty years in the custody of the Mississippi Department of Corrections ("MDOC"). Following denial of his post-trial motions, including his motion for judgment notwithstanding the verdict ("JNOV"), Johnson filed his notice of appeal.

¶ 3. This Court finds that the facts and circumstances surrounding the stabbing death of Davis compel application of the Weathersby doctrine. See Weathersby, 147 So. at 482. "Taking the transcript of the evidence by the four corners ... the [S]tate failed to meet the burden of proof," for "the record does not show beyond reasonable doubt and to a moral certainty that [Johnson] is guilty." Houston, 78 So. at 183. As Johnson's eyewitness account of the stabbing, and Shirley Landrum's eyewitness account of the events leading up to the altercation and its aftermath, were reasonable and not "substantially contradicted in material particulars[,]" the circuit court was required to accept it as true. Weathersby, 147 So. at 482. Accordingly, this Court concludes that the evidence was insufficient to submit to a jury for verdict and Johnson was "entitled to a directed verdict of acquittal." Blanks v. State, 547 So.2d 29, 33 (Miss.1989).

FACTS

¶ 4. Forty-seven-year-old Johnson had no prior criminal history. He was previously employed as a security screener at *423 O'Hare Airport in Chicago, Illinois.[2] In late June 2003, Johnson traveled to Shelby, Mississippi, with his aunt and uncle to attend the funeral of his grandmother. During the visit, Johnson, Landrum, and several other individuals helped another of Johnson's aunts move out of her apartment at the Church Garden Apartment complex.

¶ 5. Johnson testified that on July 1, 2003, Davis "came by [the apartment of Johnson's aunt] a total of five times, and he stopped me in the streets twice." It is undisputed that Davis initiated seven separate confrontations with Johnson prior to the altercation which occurred in the early morning hours of July 2, 2003, resulting in Davis's death. Describing one of the encounters on the street, Johnson testified that Davis "walked up to me and was agitated. He was sweating. His eyes were big. He was breathing hard." In another instance, Johnson "was taking some objects out to [a] car and [Davis] ran across the yard and went in [the apartment of Johnson's aunt]." At 9:47 p.m., approximately two hours before the fatal fray, Johnson called the Shelby Police Department because Davis "had been beating on the door and peeping in the windows and he had came and made to me what was threatening ... remarks and he ... grabbed the door." As the result of the phone call, the police department dispatched Officer Gwendolyn Russell to investigate. Officer Russell later was dispatched to investigate the stabbing.

¶ 6. After finishing packing shortly before midnight, Johnson and Landrum,[3] Davis's girlfriend, began walking to a convenience store to buy some beer. Out of fear generated by the prior encounters with Davis, Johnson decided to carry a knife with him because:

after what had happened throughout the day, I ... didn't feel like I should be walking around without ... protection.... [A]nything could happen. I didn't know [Davis]. I didn't know what he might do or who he knew.... [F]rom the way ... he was acting and everything, even though the police came, he still could have said something to his friends, family or something like that.

Landrum testified that while walking, "I seen [Davis's brother,] Chris Davis. He was parked by his sister's house with some guy ... with a hood on his head — I don't know who he was — and [Davis] in the back." According to Landrum:

[w]hen we started walking down the street, they gradually pulled up ... coming out of Church Garden [Apartments], turned the way we was walking, and [Davis] raised his head up and he ducked back down. And they made ... a left turn on Martin Luther King [Drive]. Then ... a right turn on Hearn [Street]. Then ... another right toward the park.... [Davis] jumped out of the car ... and ran back on Martin Luther King [Drive].

Davis came toward them quickly,[4] cursing as he approached, bouncing on his toes, and "ready to fight...." Davis then struck Landrum in the face with an object. Johnson pleaded with Davis not to hit her again and stepped between them. Landrum began walking off. Davis then turned toward Johnson and made a swinging motion with a "dark" weapon in his hand. In *424 response, Johnson stabbed him one time.[5] Davis "stepped back a couple of steps and he slipped on the curb and fell." As Davis was lying in grass abutting the curb, Johnson "advised him to ... stay down because he was hurt." Disregarding that advice, Davis "got up and ran out into the street...." Landrum, who had fled a short distance, did not witness the stabbing. Davis then cried out for her and she returned, finding Davis lying in the middle of Martin Luther King Drive.

¶ 7. Johnson was near the scene "for several minutes because ... there was ... a trailer house there. I tried to get those people to call the 911. They wouldn't respond. So I went to ... [my aunt's apartment] to call myself." A crowd then gathered around Davis, including his brother, Chris. Later that morning, Johnson, after delaying his planned departure to Chicago "to get more information on [Davis's] condition[,]" returned home with his aunt and uncle in a vehicle they had rented for the trip. Davis subsequently died.

¶ 8. Johnson was subsequently indicted for the murder of Davis. Following the third trial, the jury convicted Johnson of manslaughter, and he was sentenced to twenty years in the custody of the MDOC. After denial of his post-trial motion for a new trial or JNOV, Johnson filed his notice of appeal.

ISSUE

¶ 9.

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Cite This Page — Counsel Stack

Bluebook (online)
987 So. 2d 420, 2008 WL 2927841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-miss-2008.