Moses v. State

893 So. 2d 258, 2004 WL 2595969
Court of Appeals of Mississippi·Decided November 16, 2004·No. 2003-KA-01094-COA·Published·Cited by 1 cases

Opinion

893 So.2d 258 (2005)

Henry Clifton MOSES a/k/a Cliff Moses, Appellant,
v.
STATE of Mississippi, Appellee.

No. 2003-KA-01094-COA.

Court of Appeals of Mississippi.

November 16, 2004.
Rehearing Denied February 8, 2005.

*259 William C. Bristow, Tupelo, attorney for appellant.

Office of the Attorney General by Billy L. Gore, attorney for appellee.

Before KING, C.J., IRVING and MYERS, JJ.

MYERS, J., for the Court.

¶ 1. On February 7, 2003, Henry Clifton "Cliff" Moses was found guilty of depraved heart murder by a jury verdict rendered in the Circuit Court of Lee County. On April 8, 2003, Moses was sentenced as an habitual offender under Mississippi Code Annotated § 99-19-81 (Rev.2000) to serve a term of life without the possibility of *260 parole, reduction or suspension of sentence, or probation. Moses moved for a directed verdict at the close of the State's case and at the close of his own case. Both of these motions were denied. Moses also filed post-trial motions for judgment of acquittal JNOV or in the alternative for a new trial. Both of these motions were denied. Aggrieved by this judgment and sentence, Moses now appeals and raises the following issues:

I. DID THE TRIAL COURT ERR IN DENYING MOSES'S MOTIONS FOR DIRECTED VERDICT AT THE CLOSE OF THE STATE'S CASE IN CHIEF AND AT THE CLOSE OF THE DEFENSE'S CASE IN CHIEF?
II. WAS THE VERDICT OF THE TRIAL COURT AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE PRESENTED AT TRIAL AND DID THE TRIAL COURT ERR IN FAILING TO GRANT MOSES'S MOTION FOR JNOV?
III. DID THE TRIAL COURT ERR IN ALLOWING EVIDENCE OF MOSES'S PRIOR BAD ACTS?

Finding no reversible error, we affirm the judgment of the trial court.

FACTS

¶ 2. Cliff Moses and his wife, Dorinda, sadly, had been living a life of vagrancy and dissipation. Their relationship itself, in addition to the general mode of their living, was apparently turbulent and unsettled. Things came to a tragic end after Dorinda met Moses at a local motel for the alleged purpose of spending several days in binge drinking.

¶ 3. On December 26, 2000, the fourth day of their stay at the motel, Dorinda was taken to the North Mississippi Medical Center emergency room. The treating personnel at the emergency room found Dorinda to be in a life threatening condition. Among the more significant things observed by the emergency room personnel were tests showing Dorinda's blood alcohol and urine alcohol levels to be zero, in addition to bite marks and various bruises present on her body. Dorinda was also apparently suffering from some kind of bodily organ failure. On December 29, 2000, she died.

¶ 4. The cause of death, according to the treating physicians, was liver failure due to acetaminophen toxicity and rhabdomyolysis, complicated by alcohol abuse. However, the physician who performed the autopsy opined that the cause of death was blunt force trauma to the abdomen, leading to necrosis of the bowels. Based upon, among other things, this conclusion by the physician performing the autopsy, Moses was charged and ultimately convicted of murder.

LEGAL ANALYSIS

I. DID THE TRIAL COURT ERR IN DENYING MOSES'S MOTIONS FOR DIRECTED VERDICT AT THE CLOSE OF THE STATE'S CASE IN CHIEF AND AT THE CLOSE OF THE DEFENSE'S CASE IN CHIEF?

¶ 5. Moses contends that the evidence and proof presented at trial, being almost entirely circumstantial, did not prove guilt beyond a reasonable doubt and to the exclusion of every reasonable hypothesis consistent with Moses's innocence. Accordingly, he asks this Court to reverse the lower court's denial of his motions for directed verdict. The State argues that the verdict was supported by the evidence and that the motions were properly denied.

STANDARD OF REVIEW

¶ 6. In reviewing a trial court's decision on a motion for directed verdict we *261 "consider the evidence in the light most favorable to the appellee, giving the appellee the benefit of all favorable inferences that may be reasonably drawn from the evidence." Gatewood v. Sampson, 812 So.2d 212, 219(¶ 11) (Miss.2002) (citing Steele v. Inn of Vicksburg, Inc., 697 So.2d 373, 376 (Miss.1997)). We have also held in this regard:

If the facts are so overwhelmingly in favor of the appellant that a reasonable juror could not have arrived at a contrary verdict, this Court must reverse and render. On the other hand, if substantial evidence exists in support of the verdict, that is, "evidence of such quality and weight that reasonable and fair-minded jurors in the exercise of impartial judgment might have reached different conclusions," then this Court must affirm.

Gibson v. Wright, 870 So.2d 1250, 1255(¶ 9) (Miss.Ct.App.2004) (citations omitted).

¶ 7. We review convictions based upon circumstantial evidence in order to determine whether the State's evidence was opposed by a preponderance of evidence favoring the defendant. Alexander v. State, 811 So.2d 272, 278(¶ 14) (Miss.Ct.App.2001). In making this determination, we must, viewing all of the evidence in the light most favorable to the verdict, accept as true all credible evidence of guilt, and we must grant the State all favorable and reasonable inferences that may be drawn from the evidence. Wetz v. State, 503 So.2d 803, 808 (Miss.1987). "We may 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." Id. On appeal we may not second guess the jury's determination of matters relating to weight and credibility of the evidence, as these tasks are the sole province of the jury. Id.; Alexander, 811 So.2d at 277-78(¶ 13). Finally, we note that in a case based upon circumstantial evidence, the State must prove every element of the crime beyond a reasonable doubt and to the exclusion of every reasonable hypothesis consistent with innocence. Barnes v. State, 721 So.2d 1130, 1133(¶ 9) (Miss.Ct.App.1998).

DISCUSSION

¶ 8. Our task then, in light of this standard of review, requires us to examine the evidence in the record. The State offered the following evidence to support the conviction: the victim had various bruises upon her body when she was admitted to the hospital, the victim had bite marks on her left hand when she was admitted to the hospital, the victim's blood and urine alcohol content were zero when she was admitted to the hospital, Moses had two prior convictions for domestic abuse upon the victim, the victim's family testified that she had been abused by Moses in the past, and the doctor performing the autopsy determined the cause of the victim's death to be blunt force trauma to the abdomen, leading to necrosis of the bowels.

¶ 9. Moses contended that the bruises were not caused by his hitting the victim, that the bite marks were self-inflicted, and that, while he had hit the victim in the past, he did not hit the victim on this occasion. Moses also offered evidence that the treating personnel at the hospital believed the cause of death to be liver failure, and he also offered testimony of an expert medical witness who opined that the cause of death was liver failure due to acetaminophen toxicity. Moses argues that the State's purely circumstantial evidence failed to exclude

Free access — add to your briefcase to read the full text and ask questions with AI

Moses v. State, 893 So. 2d 258, 2004 WL 2595969 (Mich. Ct. App. 2004).

893 So. 2d 258 (Moses v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related