McKnight v. State

751 So. 2d 471, 1999 Miss. App. LEXIS 161, 1999 WL 185269
CourtCourt of Appeals of Mississippi
DecidedApril 6, 1999
DocketNo. 98-KA-00051-COA
StatusPublished
Cited by2 cases

This text of 751 So. 2d 471 (McKnight 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
McKnight v. State, 751 So. 2d 471, 1999 Miss. App. LEXIS 161, 1999 WL 185269 (Mich. Ct. App. 1999).

Opinion

PAYNE, J., for the Court:

PROCEDURAL HISTORY

¶ 1. On February 18, 1997, Curtis McKnight was indicted for murder by the grand jury of Amite County. On October 31, 1997, McKnight was convicted by a jury of his peers and was found guilty. He was sentenced to life imprisonment. Feeling aggrieved by the jury verdict and the sentenced imposed, McKnight filed a motion for a J.N.O.V and a motion for a new trial. These motions were denied on December 18, 1997. Feeling further aggrieved. McKnight filed his appeal on January 26, 1998, seeking reversal of the trial court’s verdict.

¶ 2..Having reviewed the record and applicable law, we affirm.

FACTS

¶ 3. On September 29, 1993, Kimberly Tobias was standing at the kitchen window of her home talking to Teresa Norman. Late in the evening, Kimberly was struck in the head by a bullet. She died.

¶ 4. Teresa ran home. Because the Normans did not have a phone, Teresa and her mother walked to the Gloster Police Department — which was several blocks down the street. The police acted immediately, secured the area, and confirmed what they believed was a bullet hole in the kitchen window.

¶ 5. After compiling the evidence, the investigation stopped.

¶ 6. Approximately three years later, Leon Cammack came forward with information. Leon testified that Curtis McKnight told him several weeks before the murder that he (McKnight) had agreed to kill Derrick “Pimp” Tobias for $1,000 and a ear. He also testified that on the day of the murder he and McKnight were drinking. However, Cammack’s story diverges from McKnight’s past this point.

¶ 7. Cammack also testified that when he and McKnight had passed Kimberly’s house, McKnight went up to Kimberly’s window while Cammack stayed on the sidewalk. Cammack stated that McKnight pulled out a gun and shot Kimberly. According to Cammack, McKnight told him that if he could not kill Derrick, maybe killing his sister would garner him some money. Cammack further noted that McKnight was in possession of a .380 revolver several weeks before the murder. According to Cammack, McKnight pulled up his shirt and revealed the pistol. Cam-mack testified that this was the same gun that he saw McKnight use to shoot Kimberly.

¶ 8. Mar ell Weatherspoon testified that a .380 revolver was . given to him by McKnight for safe keeping about a month before the murder. Weatherspoon stated that he gave the pistol to John Norwood. Norwood placed the pistol in his automobile. Cammack testified that McKnight admitted that he had taken the pistol from the glove compartment of Norwood’s car— which confirmed the testimony of Norwood that the pistol he was given was missing from his automobile’s glove compartment. McKnight admitted to Deputy Chief Bul-ter that he possessed a .380 pistol, and forensic scientist Steve Byrd of the Mississippi Crime Lab confirmed that the bullet extracted from Kimberly’s head was consistent with the weight of a .380 bullet.

¶ 9. McKnight denied killing Kimberly. He offered the testimony of Willie Brown as proof of his alibi during this period of time. Willie Brown stated that he saw McKnight at a grocery store and gave him a ride home in his truck between 9:30 p.m. and 9:50 p.m.

¶ 10. As further evidence of his innocence, McKnight offered the testimony of Adaryll McDowell who testified that Joshua Williams admitted to killing Kimberly. However, it was noted at trial that McDowell had a felony conviction for obstruction of justice in a previous murder investigation for telling three different stories to law enforcement officer about that murder.

[473]*473ISSUES PRESENTED

I. WHETHER THE JURY’S VERDICT IS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.

¶ 11. In assessing an issue based upon overwhelming weight of the evidence, we examine the standard of review set by our supreme court. In Moore v. State, 617 So.2d 272, 274 (Miss.1993), the supreme court stated:

The decision whether to grant a motion for new trial on grounds that the jury verdict is against the overwhelming weight of the evidence is committed to the sound discretion of the trial judge in the first instance. Crenshaw v. State, 520 So.2d 131, 135 (Miss.1988). The standard is whether the verdict is so contrary to the overwhelming weight of the evidence that to allow the verdict to stand would be to sanction an unconscionable injustice.

McKnight argues that the evidence presented by the prosecution was insufficient for the jury to support their decision. We disagree.

¶ 12. It is the jury’s function to review the testimony of the witnesses and seek the truth. The jury heard the evidence presented and voted to convict McKnight. Eyewitness testimony to the murder was presented by the State. This evidence pointed guilt to McKnight. Circumstantial evidence was also produced. The pistol given John Norwood was taken. McKnight revealed a .380 pistol on his person. McKnight gave a .380 to Weath-erspoon, and McKnight confessed to having a .380 pistol. The information reflects that the jury did have sufficient and credible evidence with which to fully assess the circumstances surrounding the death of Kimberly Tobias.

¶ 13. The State submits that the question of credibility of the witnesses testimony is one resolved by the jury. We agree. It is the function of the jury to sift through the evidence and weigh that evidence which has been produced.

¶ 14. Having read the arguments presented, we find this citation of error to be without merit.

II. WHETHER THE PROSECUTION VIOLATED THE RULES OF DISCOVERY IN FAILING TO PROVIDE THE NAMES OF JAMES WOODWARD AND JOSHUA WILLIAMS AS SOURCES OF POSSIBLE EXCULPATORY INFORMATION.

¶ 15. McKnight’s next argument centers on an alleged discovery violation. Specifically, McKnight submits that the State should have provided the names of James Woodward and Joshua Williams as a potential source of information which might exculpate him from this crime. Quoting Cole v. State, 666 So.2d 767, 779 (Miss.1995), McKnight insists that “[s]up-pression by the prosecution of evidence favorable to the accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” The State submits that it did not suppress the names of these two individuals with the intent to surprise McKnight.

¶ 16. At trial, Cammack was asked by McKnight’s attorney on cross-examination who had threatened to testify against him (Cammack) — testimony which might implicate him in the murder. Cammack’s answer to this question was James Woodward. Subsequently, Woodward’s name was brought up by Deputy Butler who testified that he routinely questioned jail inmates to gain information in ongoing investigations. From this questioning, Woodward mentioned Cammack as having information regarding this murder. The State argues that the only information that could be gained by knowing Woodward’s name was that he was the one who told Deputy Butler to contact Cammack. We agree. Cammack testified at trial, and the [474]*474trial court was well within its discretion in ruling as it did.

¶ 17. A continuation of this argument leads us to testimony by Officer William Vallely, who stated that Joshua Williams had been a possible suspect.

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Bluebook (online)
751 So. 2d 471, 1999 Miss. App. LEXIS 161, 1999 WL 185269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcknight-v-state-missctapp-1999.