Minor v. State

831 So. 2d 1116, 2002 WL 31829489
CourtMississippi Supreme Court
DecidedDecember 5, 2002
Docket2001-KA-01081-SCT
StatusPublished
Cited by35 cases

This text of 831 So. 2d 1116 (Minor 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
Minor v. State, 831 So. 2d 1116, 2002 WL 31829489 (Mich. 2002).

Opinion

831 So.2d 1116 (2002)

Aldrick MINOR
v.
STATE of Mississippi.

No. 2001-KA-01081-SCT.

Supreme Court of Mississippi.

December 5, 2002.

*1118 Pamela A. Ferrington, Natchez, attorney for appellant.

Office of the Attorney General by Deirdre McCrory, attorneys for appellee.

Before PITTMAN, C.J., WALLER and GRAVES, JJ.

PITTMAN, C.J., for the Court.

¶ 1. Aldrick Minor was indicted for the murder of Anna Blank by a grand jury in the Circuit Court of Adams County. After a trial on the merits in the same court, the jury returned a guilty verdict against Minor. His motions for judgment notwithstanding the verdict and for a new trial were denied, and he was sentenced to serve a term of life imprisonment in the custody of the Mississippi Department of Corrections. Minor now appeals this conviction.

FACTS

¶ 2. Anna Blank identified Aldrick Minor as one of her main suppliers of narcotics to Adams County Sheriff's deputies working in the Metro Narcotics unit on January 5, 2001. Ten days later, another deputy responded to a report of a black car parked on the side of East Wilderness Road in the Broadmoor subdivision in Natchez, Mississippi. The car's engine was running, the headlights were on, and—although it was a very cold morning—the driver's window was lowered completely. Blank was found in the driver's seat with two fatal gunshot wounds to the head and her mother's cellular telephone between her legs.[1] Inside the car were two spent .25 caliber bullet shells, unidentified hairs, and cigarettes.

¶ 3. The investigation into the cause of her death led Adams County deputies to a house just down the street, where a fish fry had been held the night before. Tiffany Houze and Daffney McDaniel hosted the party at their residence for a few of their friends, and the party continued into the early hours of the next morning. In attendance were Minor, Osman Perkins, Brian Williams, Jarrell Harris, Freddie Abraham, and Sharita Hawkins. Minor, Williams, Harris, and Abraham were playing cards.

¶ 4. Minor arrived later than the others, but was there when Abraham's cell phone rang at around 2:45 a.m. After a brief conversation, Abraham hung up and told those around him that it was the white girl calling and that he had told her to go somewhere away from Broadmoor to get rid of her. Later, his cell phone rang again. Blank had called to tell him that she had arrived at the designated location. Abraham hung up, but Minor instructed him to call Blank back and tell her to come to Broadmoor. This was done, and Blank called again when she arrived at Broadmoor.

¶ 5. After Blank's last call, Minor left the house. Approximately five to fifteen minutes later he returned, stating to the card players he had "4:30'd," or killed, Blank. He then moved a shiny gun from his back pocket to his front pocket. The card players, thinking he was not serious, continued to play cards. When Perkins left that morning around 3:45, he passed a car parked on the side of the road with its lights on and the engine running. Minor *1119 left the house on East Wilderness Road shortly after Perkins.

¶ 6. Later that day, Minor called McDaniel and told her to tell the investigating officers he was not at her residence that morning. Minor also told Abraham "only [me] and the good Lord knows where the gun was at." He also told another acquaintance that the police were trying to frame him for Blank's murder. He told the same acquaintance that when Blank arrived that evening he ran down the street past her, turned and fired twice, and ran back to the house on East Wilderness Road.[2]

¶ 7. The murder investigation then led the investigators to the house of Minor's stepfather where they intended to arrest Minor. There, they obtained consent to search the residence from the stepfather who told them Minor was in his room in the back. Minor was then arrested for Blank's murder. On the floor next to the bed where Minor lay sleeping was a black coat with sixteen unspent .25 caliber bullets in a pocket. The investigators seized this coat and the bullets as well as several pairs of black pants.

DISCUSSION

I. WHETHER THE EVIDENCE PRESENTED A TRIAL WAS INSUFFICIENT TO SUPPORT THE JURY'S VERDICT.

¶ 8. In this first issue on appeal, Minor argues that the evidence is insufficient to support the jury's guilty verdict. Specifically, he alleges that since (1) he provided a D.N.A. sample which did not match either the hair found in the car or saliva found on the cigarettes, (2) there was no blood found on the seized coat or pants which matched Blank's blood, and (3) there was no direct link between the bullets found in the coat pocket and the bullet shells found in the car, then there was no direct physical evidence that Minor had committed the murder. Furthermore, Kimberly Rawlings testified that she saw Blank's car moving slowly down East Wilderness Road after the time the State alleged that Blank was murdered, indicating that Minor did not kill Blank. The State responds that questions of witness credibility are to be resolved by the jury, and the previously described evidence supports the verdict.

¶9. The State's submission that this verdict is supported by circumstantial evidence overlooks the fact that direct evidence exists in the record to support Minor's conviction. Specifically, an admission of culpability by a defendant to a third party who is not a law enforcement officer constitutes direct evidence of a crime. Ladner v. State, 584 So.2d 743, 750 (Miss. 1991). We find Minor's statement to the card players that night shortly after the murder meets this criteria. Therefore, we shall employ the standard ordinarily used in cases where direct evidence was provided to the jury. This Court recently reiterated the standard it employs when considering a challenge of the sufficiency of the evidence:

When on appeal one convicted of a criminal offense challenges the legal sufficiency of the evidence, our authority to interfere with the jury's verdict is quite limited. We proceed by considering all of the evidence—not just that supporting the case for the prosecution—in the light most consistent with the verdict. We give the prosecution the benefit of *1120 all favorable inferences that may reasonably be drawn from the evidence. If the facts and inferences so considered point in favor of the accused with sufficient force that reasonable men could not have found beyond a reasonable doubt that he was guilty, reversal and discharge are required. On the other hand, if there is in the record substantial evidence of such quality and weight that, having in mind the beyond a reasonable doubt burden of proof standard, reasonable and fairminded jurors in the exercise of impartial judgment might have reached different conclusions, the verdict of guilty is thus placed beyond our authority to disturb.

Turner v. State, 818 So.2d 1181, 1184 (Miss.2002) (quoting Smith v. State, 802 So.2d 82, 85 (Miss.2001)).

¶ 10. We conclude that this first issue is without merit. As summarized above, the evidence presented at trial, weighs greatly in favor of the jury's verdict. Minor told the witnesses playing cards at the fish fry that he "4:30'd," or killed, Anna Blank. He created the opportunity to kill her and was absent from the house at approximately the time she was shot. The bullets found in his coat pocket were of the same caliber and name brand as the shells found in Blank's car. The bullets removed from Blank's body were of the same caliber as the bullets found in Minor's possession.

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Cite This Page — Counsel Stack

Bluebook (online)
831 So. 2d 1116, 2002 WL 31829489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minor-v-state-miss-2002.