McAdory v. State

772 So. 2d 1107, 2000 WL 1811602
CourtCourt of Appeals of Mississippi
DecidedDecember 12, 2000
Docket1999-KA-00672-COA
StatusPublished
Cited by2 cases

This text of 772 So. 2d 1107 (McAdory 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
McAdory v. State, 772 So. 2d 1107, 2000 WL 1811602 (Mich. Ct. App. 2000).

Opinion

772 So.2d 1107 (2000)

Patrick McADORY, Appellant,
v.
STATE of Mississippi, Appellee.

No. 1999-KA-00672-COA.

Court of Appeals of Mississippi.

December 12, 2000.

*1108 Azki Shah, Darnell Felton, Clarksdale, Attorneys for Appellant.

Office of the Attorney General by Scott Stuart, Attorney for Appellee.

Before SOUTHWICK, P.J., BRIDGES, IRVING, and MYERS, JJ.

BRIDGES, J., for the Court:

¶ 1. This case is an appeal from the Circuit Court of Coahoma County, Honorable Kenneth L. Thomas presiding. Patrick McAdory was convicted of three counts of aggravated assault, sentences in counts 2 and 3 to run concurrently to the sentence in count 1, and count 1 to run consecutively to any and all previous sentences. McAdory moved for a judgment notwithstanding the verdict, and this motion was denied. McAdory now comes with two issues:

1. WHETHER THE GUILTY VERDICTS ON EACH OF THE COUNTS LACKED SUFFICIENT EVIDENCE *1109 TO SUPPORT THEM OR TO WITHSTAND MCADORY'S MOTION FOR A JUDGMENT NOTWITHSTANDING THE VERDICT?
2. WHETHER THE GUILTY VERDICTS ON EACH OF THE COUNTS WENT AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE, SUCH THAT MCADORY'S MOTION FOR A NEW TRIAL SHOULD HAVE BEEN GRANTED?

Finding no error, we affirm.

FACTS OF THE CASE

¶ 2. On June 7, 1995, Ms. Patricia Brown was having a party at her home in Jonestown, Mississippi. Several people were there including the three victims Patricia Williams, Joseph Ewing, and Leonard Jewel. Joseph Ewing was sitting on the back of a station wagon in front of Ms. Brown's house with his back to the street. A church was on the other side of the street. Ewing testified he was talking to Ms. Williams and saw a grey car driven by McAdory go by with Fred Stevenson in it. Stevenson was McAdory's co-defendant and was previously convicted for his role in the events of that night. In addition, Corrithia Lewis, another person at the party, testified he saw the grey car drive by with McAdory driving. Kashius Lewis testified he saw the same car go by, with McAdory driving and several other people in the car. Kashius Lewis also testified that he saw the car go through the alley between McAdory's wife's house and the church across the street from the party.

¶ 3. About five minutes after the car drove by someone, or some people, came around the corner of the church, across the street from the party, and fired two shots from a twenty gauge shotgun in rapid succession. Mr. Ewing and Ms. Williams were hit by one shot, and Mr. Jewel was hit by the next shot. At this point the testimonies differ a little. Mr. Ewing testified that he and Ms. Williams were shot, and he saw McAdory and Stevenson both at the corner of the church shooting at the party. He also testified that he heard three shots, and after being shot he ran for the trailer. Kashius Lewis testified he saw Stevenson shoot twice, but he did not see McAdory with a gun. Ewing was the only witness to see McAdory shooting at the party.

¶ 4. The defense put on three alibi witnesses. The first was McAdory's wife, Martha Ann McAdory. She claimed at the time of the shooting she had McAdory's car, and she later picked him up from a party and then went to Clarksdale. The second was Ms. Pearlie Haynes, who is related to Stevenson. She testified she was having a party at her house when someone shot at them, and she made everyone come inside her house and forbid anyone to leave. She claims McAdory was one of the people at the party who she made stay there. Also testifying was Ms. Annette Stevenson, who is Stevenson's cousin. She also claims McAdory, along with Stevenson, was at her mother's, Pearlie Haynes's, house, and that he did not leave. These witnesses were all impeached on cross-examination because none of them came forward to tell their stories to the police. In addition, the second two were impeached with their testimony from the trial of Fred Stevenson because they never mentioned McAdory's presence at the party in that testimony.

ANALYSIS OF THE LAW

STANDARD OF PROOF

¶ 5. McAdory states he is appealing from the denial of his motion for judgment notwithstanding the verdict or, in the alternative, for a new trial. His motions challenge both the sufficiency and weight of the evidence.

¶ 6. The standard of review for a challenge to the sufficiency of the evidence is stated in McClain v. State, 625 So.2d 774, 778 (Miss.1993):

In appeals from an overruled motion for JNOV, the sufficiency of the evidence as a matter of law is viewed and tested in a *1110 light most favorable to the State. The credible evidence ... consistent with guilt must be accepted as true. The prosecution must be given the benefit of all favorable inferences that may be reasonably drawn from the evidence. Matters regarding the weight and credibility of the evidence are to be resolved by the jury. We are authorized to reverse only where, with respect to one or more of the elements of the offense charged, the evidence so considered is such that reasonable and fair-minded jurors could only find the accused not guilty.

(citations omitted); see also Williams v. State, 595 So.2d 1299, 1302 (Miss.1992); Heidel v. State, 587 So.2d 835, 838 (Miss. 1991); Roberts v. State, 582 So.2d 423, 424 (Miss.1991).

¶ 7. The standard of review for a challenge to the weight of the evidence is found in Thornhill v. State, 561 So.2d 1025, 1030 (Miss.1989):

In determining whether or not a jury verdict is against the overwhelming weight of the evidence, this Court must accept as true the evidence which supports the verdict and will reverse only when it is convinced that the circuit court has abused its discretion in failing to grant a new trial.

See also Isaac v. State, 645 So.2d 903, 907 (Miss.1994); Newsom v. State, 629 So.2d 611, 615 (Miss.1993); Burrell v. State, 613 So.2d 1186, 1190-91 (Miss.1993); Nicolaou v. State, 612 So.2d 1080, 1083 (Miss.1992); Parker v. State, 606 So.2d 1132, 1139-40 (Miss.1992).

DISCUSSION

1. WHETHER THE GUILTY VERDICTS ON EACH OF THE COUNTS LACKED SUFFICIENT EVIDENCE TO SUPPORT THEM OR TO WITHSTAND MCADORY'S MOTION FOR A JUDGMENT NOTWITHSTANDING THE VERDICT?

¶ 8. In looking at McAdory's first issue, this Court must examine the sufficiency of the evidence, determine whether there was enough evidence to support the verdict and whether the verdict could survive a motion for judgment notwithstanding the verdict. As stated earlier, in examining the evidence this Court must determine whether a hypothetical juror could find, beyond a reasonable doubt, the defendant guilty. Davidson v. State, 734 So.2d 252 (¶ 4) (Miss.1999). This Court may overrule only when an element of the offense charged is substantially lacking. Id. at (¶ 4). McAdory raises this challenge to the sufficiency of the evidence on the basis that an essential element of the crime, namely the identity of the attacker, was not proven by the State beyond a reasonable doubt.

¶ 9. Taking into account the standards stated above, and that the evidence should be viewed in a light most favorable to the State, the evidence weighs heavily towards affirming McAdory's conviction. Kashius Lewis and Corrithia Lewis testified they saw McAdory driving his car near the scene prior to the shooting. Joseph Ewing testified he saw McAdory in the car with Stevenson, who Kashius Lewis and Ewing saw fire a gun. Placement at the scene prior to the attack is not of itself enough to prove McAdory's guilt.

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Cite This Page — Counsel Stack

Bluebook (online)
772 So. 2d 1107, 2000 WL 1811602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcadory-v-state-missctapp-2000.