Moore v. State

859 So. 2d 379, 2003 WL 22671595
CourtMississippi Supreme Court
DecidedNovember 13, 2003
Docket2002-KA-00526-SCT
StatusPublished
Cited by40 cases

This text of 859 So. 2d 379 (Moore 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
Moore v. State, 859 So. 2d 379, 2003 WL 22671595 (Mich. 2003).

Opinion

859 So.2d 379 (2003)

Rachel L. MOORE
v.
STATE of Mississippi.

No. 2002-KA-00526-SCT.

Supreme Court of Mississippi.

November 13, 2003.

*380 Kenneth Jermaine Grigsby, James W. Craig, Jackson, attorneys for appellant.

Office of the Attorney General by Jeffery A. Klingfuss, attorneys for appellee.

*381 Before SMITH, P.J., CARLSON and GRAVES, JJ.

GRAVES, Justice, for the court.

¶ 1. This appeal arises from a jury verdict in the Circuit Court of Lee County. Rachel L. Moore was convicted of the murder of her husband, Jason Moore, and sentenced to life imprisonment in the custody of the Mississippi Department of Corrections (MDOC). Aggrieved by the conviction and sentence, Rachel Moore submits five issues on appeal:

I. Whether, in light of Wade v. State, the trial court committed reversible error by failing to direct a verdict in favor of Moore on the issue of murder based on the theory of "imperfect self defense."

II. Whether the trial court erred in excluding portions of the 911 tape.

III. Whether the trial court erred by failing to grant Moore's intoxication instruction.

IV. Whether the jury's decision to convict the Moore of murder was against the overwhelming weight of the evidence.

V. Whether the trial court's admittance of improper character evidence represents reversible error.

FACTS

¶ 2. Rachel and Jason Moore were married in September 2000. The marriage was marked by abusive episodes that caused Rachel Moore to leave the home on several occasions. On or about May 18, 2001, Rachel Moore drove her husband, Jason Moore, to the house of his friend Ricky Hancock. After spending some time at Hancock's house with her husband, Rachel left to take her daughter to her aunt's house. Rachel told Jason that she would return to Hancock's house to pick him up after leaving her aunt's house. After dropping her daughter off, Rachel noticed the "check engine soon" light on inside her car. She then took the car to the home of her ex-husband, Steve Walden, so that he could investigate any potential mechanical problems with her vehicle. While waiting for Walden to complete checking her vehicle, Rachel began drinking.

¶ 3. After leaving Walden's residence, Rachel returned to Hancock's house to pick up her husband, however, her husband was no longer at Hancock's house. Rachel phoned her mother-in-law to inquire as to the whereabouts of her husband and was informed by her mother-in-law that Jason was at her residence, lying on the bathroom floor, passed out from intoxication. Rachel drove to her mother-in-law's home to retrieve her husband. After going into the bathroom and assisting Jason from the floor, Rachel and Jason left the residence. During the trip home an argument ensued over Rachel visiting her ex-husband's home, and Jason began physically abusing Rachel, causing her to pull the car over to the side of the road. After the altercation ended, Rachel drove to Curtis Davidson's trailer, where Rachel and Jason were living at the time. Upon arriving at the trailer, Rachel told Jason "I hope you know you're fixing to die." Immediately thereafter, Jason ran into the woods beside the trailer, and Rachel went inside the trailer. Once inside, Rachel retrieved a loaded, .410 shotgun, went back outside, and fired one shot into the air. Rachel then went back inside the trailer, reloaded the shotgun, locked the door, and fell asleep. Approximately forty-five minutes later, Rachel heard Jason yelling for her to come outside and "talk." Rachel went outside and stood on the porch. While outside, Rachel pleaded for Jason to leave the premises. Jason began walking toward Rachel, and she warned him to *382 stop. Jason said that he was sorry and that he would not hit her anymore. Rachel told Jason that she wanted him to leave, and he asked if she would take him somewhere. Rachel stated that she "wasn't taking him nowhere." Jason then asked Rachel to wake Davidson so that Davidson might take him somewhere. Rachel told Jason that she would not wake Davidson and that he should leave. Jason kept moving toward Rachel, and she continued to ask him to stop. Jason failed to stop, and Rachel fired one shot that struck Jason and ultimately led to his death.

¶ 4. Rachel Moore was arrested for the murder of her husband. Moore was indicted and tried in the Lee County Circuit Court. After hearing the evidence presented, the jury found Rachel Moore guilty of murder. The same day, the court sentenced Moore to life imprisonment in accordance with Miss.Code Ann. § 97-3-21 (Rev.2000).

¶ 5. Moore then filed a motion for judgment notwithstanding the verdict or, in the alternative, for a new trial, and the circuit court denied the motion. Moore then timely appealed.

DISCUSSION

I. WHETHER IN LIGHT OF WADE v. STATE, THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY FAILING TO DIRECT A VERDICT IN FAVOR OF MOORE ON THE ISSUE OF MURDER BASED ON THE THEORY OF "IMPERFECT SELF-DEFENSE."

¶ 6. Moore argues that the trial court was under a duty to direct a verdict in her favor based on the theory of "imperfect self-defense" as set out in Wade v. State, 748 So.2d 771 (Miss.1999). In Wade, the victim, Ralph Simpson, and the defendant, Deanna Wade, were joint owners of a night club, and also involved in a personal relationship which was often marked by physical abuse and violence. Id. at 773. In commenting on this fact, this Court noted that "Simpson had a prolonged history of violence towards Wade, especially when Wade was highly intoxicated, as he was on the night of the incident. The beatings he administered were too numerous to count...." Id. at 776.

¶ 7. On October 6, 1996, Wade and Simpson became engaged in a severe physical altercation with each other. Id. at 773. The evidence at trial revealed "Simpson first beat Wade's head against a table top with enough force to knock a sign off the wall." At trial, witnesses noted that "Simpson next pulled Wade by the hair and beat her head against the edge of a pool table." After the fight ended, Wade immediately went to the house she and Simpson shared, which was located directly next door to the night club, and retrieved a .38 caliber revolver. Wade had only absented herself for a short time. Witness Coy Flanagan, in explaining how short the time frame was stated, "and then I turned him loose and I turned around and there she was." Wade remarked "you ain't gonna hit me no more" as Simpson, who was known to carry a gun in the back of his pants, continuously moved toward her. Wade fired a shot and Simpson fell to the ground, dying shortly thereafter. Wade was convicted of murder and sentenced to life in prison.

¶ 8. When deciding this case, the Court of Appeals stated:

While Wade was undoubtedly mad, it is also clear that her ill will was engendered by the earlier unlawful acts of Simpson and what appeared to be a renewed attack. This clearly was a killing in the heat of passion and arguably a case of imperfect self defense, and as *383 such, manslaughter was the appropriate verdict.

Wade v. State, 724 So.2d 1007, 1011 (Miss. Ct.App.1998). This Court found that the "particular facts [in Wade ], coupled with other important facts set out [therein] relating to the prior beatings and Wade's unique situation, [were] insufficient to support a finding of malicious intent." 748 So.2d at 774.

¶ 9.

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Bluebook (online)
859 So. 2d 379, 2003 WL 22671595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-state-miss-2003.