LACKIE v. State

971 So. 2d 601, 2007 WL 1248194
CourtCourt of Appeals of Mississippi
DecidedMay 1, 2007
Docket2005-KA-01838-COA
StatusPublished

This text of 971 So. 2d 601 (LACKIE 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
LACKIE v. State, 971 So. 2d 601, 2007 WL 1248194 (Mich. Ct. App. 2007).

Opinion

971 So.2d 601 (2007)

James Todd LACKIE a/k/a James T. Lackie, Appellant
v.
STATE of Mississippi, Appellee.

No. 2005-KA-01838-COA.

Court of Appeals of Mississippi.

May 1, 2007.
Rehearing Denied September 18, 2007.
Certiorari Denied December 6, 2007.

*603 Dan W. Duggan, Brandon, attorney for appellant.

Office of the Attorney General by Jeffrey A. Klingfuss, attorney for appellee.

Before MYERS, P.J., CHANDLER and ROBERTS, JJ.

CHANDLER, J., for the Court.

¶ 1. James Todd Lackie was convicted of four counts of aggravated assault and sentenced to serve time in the custody of the Mississippi Department of Corrections, following a drunken fight at a party in which a knife was pulled and several of the partygoers were injured. Aggrieved, Lackie appeals, arguing:

I. WHETHER THE TRIAL COURT ERRED BY FAILING TO GRANT LACKIE'S MOTION FOR A DIRECTED VERDICT, PEREMPTORY INSTRUCTION, OR JNOV.
II. WHETHER THE TRIAL COURT ERRED IN NOT GRANTING A JURY INSTRUCTION CONCERNING THE LESSER OFFENSE OF SIMPLE ASSAULT.

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. On November 3, 2002, Lackie and his friend Matthew Householder attended a party at a home in Caledonia, Mississippi in Lowndes County. Approximately thirty to fifty people were in attendance. Over the course of the evening, Lackie consumed alcohol and became intoxicated. The four victims in this case, Adam Waltman, Wesley Gann, Jordan Graham, and Jon O'Neal were also attendees and had been drinking.

¶ 4. After midnight, a fight broke out. The initial physical altercation began between Casey Pruitt and O'Neal. Accounts vary as to how and why the fight started, but once the initial fight broke out, other partygoers entered the altercation and a cluster of fights ensued.

¶ 5. Lackie entered the fracas and at some point brandished a knife. During the fight, Waltman, Gann, Graham, and O'Neal were injured by the knife. Waltman was stabbed in his left arm; Graham in his chest, lung, hands and wrists; O'Neal in his right eye; and Gann in his jaw and under his eye. Householder was also stabbed in his arm and Lackie suffered a cut to his hand.

¶ 6. Lackie was indicted on five counts of aggravated assault against Waltman, Gann, Graham, O'Neal and Householder pursuant to Section 97-3-7(2)(b) of the Mississippi Code Annotated (Rev.2002). The count of aggravated assault against Householder was later dismissed.

¶ 7. At trial, witnesses testified that Lackie was the only person seen with a knife. Witnesses for the State testified that they saw Lackie fighting with a few of the victims, and some stated they actually *604 saw Lackie stab at least one of the victims with the knife. One of the victims, Gann, testified that he saw a knife in Lackie's hand. Lackie admitted to wielding a knife and cutting some of the men in the fight, but claimed that his actions were done purely in self-defense. He maintained that the knife was only used because he feared for his safety after several men jumped on top of him. Other witnesses refuted this testimony, saying that Lackie was the initial aggressor and had no need to use a knife in the fist fight.

¶ 8. The fight ended when someone shouted that a knife was being used. Witnesses stated that Lackie dropped the knife at that point and fled, but Lackie countered that he did not know how he lost the knife. After the fight, the victims were taken to the hospital, except for Lackie and Householder, who did not seek immediate medical attention. After the knife was recovered at the scene by police investigators, Lackie admitted that it was his.

¶ 9. A jury found Lackie guilty on each of the four counts of aggravated assault. The trial court sentenced Lackie as follows: Count II (the aggravated assault of Gann), twenty years in prison; and on Counts I, III, and IV (the aggravated assault of Waltman, Graham, and O'Neal, respectively) ten years in prison on each count to be served concurrently with each other and consecutively with Count II. The court also imposed a fine of $500 on each count, and five years of post-release supervision.

LAW AND ANALYSIS

I. WHETHER THE TRIAL COURT ERRED BY FAILING TO GRANT LACKIE'S MOTION FOR A DIRECTED VERDICT, PEREMPTORY INSTRUCTION, OR JNOV.

¶ 10. Lackie asserts that he was entitled to a directed verdict, because the State failed to meet its burden as to every count in the indictment. He maintains that no direct evidence was presented to support the prima facie case, and that the testimony was too inconsistent to support the verdict. Lackie further asserts that the court should have granted a peremptory instruction.

A. Sufficiency of the Evidence

¶ 11. Lackie requested a directed verdict at the close of the State's evidence and a peremptory instruction when trial evidence was concluded. He also filed a motion for a judgment notwithstanding the verdict. All three of these arguments challenge the sufficiency of the evidence. McClain v. State, 625 So.2d 774, 778 (Miss.1993).

¶ 12. A review of these motions requires consideration of the evidence before the court when the motions were made. This Court "properly reviews the ruling on the last occasion the challenge was made in the trial court. This occurred when the circuit court overruled [Lackie's] motion for JNOV." Id. We view the evidence in a light most favorable to the State, and the credible evidence consistent with Lackie's guilt must be accepted as true. Id. Further, we give the State the benefit of all favorable inferences that may be reasonably drawn from the evidence. Id. Therefore, it is our job to determine whether "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Bush v. State, 895 So.2d 836, 843(¶ 16) (Miss. 2005) (quoting Jackson v. Virginia, 443 U.S. 307, 315, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)).

¶ 13. Lackie was indicted under Section 97-3-7(2)(b) of the Mississippi Code Annotated, which states in part: "(2) A person *605 is guilty of aggravated assault if he . . . (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."

¶ 14. Lackie argues that the State did not prove with direct evidence that Lackie was the one who actually cut Waltman, O'Neal or Graham. "[W]here a case is based wholly on circumstantial evidence, the state must prove [the defendant's] guilt beyond a reasonable doubt and to the exclusion of every reasonable hypothesis consistent with innocence." Murphy v. State, 566 So.2d 1201, 1204 (Miss.1990).

¶ 15. Witnesses testified that Lackie was the only one seen with a knife. Lackie himself admits entering the fight with the knife, swinging it, and cutting some of the participants. When the knife was recovered at the scene, Lackie admitted that it was his. The evidence is also uncontroverted that the wounds suffered by all of the men were made by a knife or some sharp object.

¶ 16. Waltman stated that he had been fighting with Lackie, was hit from behind, fell to the ground, and when he got up, noticed that he had been stabbed. Sarah McKay testified that she witnessed Lackie "jump" on O'Neal and beat him. Gann corroborated McKay's testimony and stated that when he saw Lackie hitting O'Neal, he grabbed Lackie and pushed Lackie up against a truck.

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
McClain v. State
625 So. 2d 774 (Mississippi Supreme Court, 1993)
Murphy v. State
566 So. 2d 1201 (Mississippi Supreme Court, 1990)
Bush v. State
895 So. 2d 836 (Mississippi Supreme Court, 2005)
Lee v. State
469 So. 2d 1225 (Mississippi Supreme Court, 1985)
Taylor v. State
763 So. 2d 913 (Court of Appeals of Mississippi, 2000)
MacKbee v. State
575 So. 2d 16 (Mississippi Supreme Court, 1990)
Hutchinson v. State
594 So. 2d 17 (Mississippi Supreme Court, 1992)

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Bluebook (online)
971 So. 2d 601, 2007 WL 1248194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lackie-v-state-missctapp-2007.