Nelson v. State

722 So. 2d 656, 1998 WL 753523
CourtMississippi Supreme Court
DecidedOctober 29, 1998
Docket93-KA-00965-SCT
StatusPublished
Cited by11 cases

This text of 722 So. 2d 656 (Nelson 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
Nelson v. State, 722 So. 2d 656, 1998 WL 753523 (Mich. 1998).

Opinion

722 So.2d 656 (1998)

Curtis Lee NELSON
v.
STATE of Mississippi.

No. 93-KA-00965-SCT.

Supreme Court of Mississippi.

October 29, 1998.

*657 Tim D. Blalock, L.H. Rosenthal, Natchez, Attorney for Appellant.

Office of the Attorney General by Wayne Snuggs, Attorney for Appellee.

En Banc.

ON MOTION FOR REHEARING

MILLS, Justice, for the Court:

¶ 1. The present case was considered by this Court in Curtis Lee Nelson v. State, No.93-KA-00965-SCT (decided November 20, 1997). After full consideration, we grant the State's Motion for Rehearing. The original opinions are withdrawn and these opinions are substituted therefor.

¶ 2. Curtis Lee Nelson was convicted of the murder of Georgia Mae Evans by an Adams County Circuit Court jury in July of 1993. Feeling aggrieved, Nelson appealed to this Court, raising as his sole issue whether the verdict of the jury was against the overwhelming weight of the evidence.

I.

¶ 3. Georgia Mae Evans was brutally attacked on the morning of July 1, 1992. She died as a result of multiple stab wounds. Curtis Lee Nelson was indicted on November 2, 1992 for her murder.

¶ 4. The trial consisted of a number of witnesses who gave circumstantial evidence of Nelson's guilt. Patricia Johnson, the victim's oldest sister, testified that she knew from her daily visits with her sister that Nelson was infatuated with Georgia Mae and wanted to marry her. Georgia Mae, on the other hand, feared Nelson and wanted to keep him away from her. Georgia Mae had previously called the police regarding her fear of Nelson. After last seeing her sister around 10:45 p.m. on June 30, 1992, Johnson discovered Georgia Mae's body the next morning. At Nelson's trial, Johnson testified that a letter she found in Georgia Mae's purse was in her sister's handwriting. The letter, dated May 19, 1992 and addressed to someone named Michael, stated that Georgia Mae "couldn't let some kind of fool mess up [her] life." She stated in the letter that it had been a long time since this person had been involved in her life, but that he had called her and told her that she did not have a "damn soul." According to the letter, Nelson had told Georgia Mae that if he could not have her, nobody could. Nelson was married with children.

*658 ¶ 5. Jacqueline Jackson, the victim's other sister, testified that she knew that Georgia Mae was afraid of Nelson. Jackson testified that she told Georgia Mae to buy a pistol, but she refused. Jackson knew that her sister had been in a relationship with Nelson which ended in 1991. She also knew that her sister had been recently involved in another relationship with someone else. Jackson also identified the letter found in the victim's purse as being in her sister's handwriting. In addition, Jackson remembered Nelson coming by her sister's home once, but not being allowed to come up to the house. She also testified that her sister's new boyfriend had temporarily stopped seeing Georgia Mae due to Nelson's threats.

¶ 6. Janet Baldwin, Georgia Mae's cousin, testified that she was visiting with Georgia Mae about a week and a half prior to Georgia Mae's death when the telephone rang. Georgia Mae answered the phone and told Baldwin to pick up the phone to listen. When Baldwin did, she heard Nelson state, "Ms. Evans, stick your pretty little head out of the door so I can see your pretty face." When the victim refused to come outside, Baldwin testified that Nelson stated, "Georgia Mae, don't have me come up there and kill you." Baldwin told Georgia Mae to hang up the phone. Baldwin then ran to the front of the house where she saw Nelson come by Georgia Mae's house. Baldwin identified Nelson as the person whose voice she heard on the phone that day.

¶ 7. Brenda Albert, a long time friend of the victim, testified that Nelson once came to Georgia Mae's home, parked his truck, and told one of Georgia Mae's twin children to come and get some money. Georgia Mae did not allow the child to go.

¶ 8. Jimmie Johnson testified that he had known Georgia Mae and Nelson quite well. According to Johnson, Nelson came by Johnson's house a few weeks prior to Georgia Mae's death and told him that he dreamed that one of Georgia Mae's boyfriends had broken into her house and stabbed and killed her. Johnson further testified that Nelson told him that he caught a boy in Georgia Mae's bed, and when Georgia Mae asked the boy to get her mother because Nelson was being violent, Nelson threatened, "Well, if he do, I'll kill him."

¶ 9. Hobie Rhines testified that he had been dating Georgia Mae, whom he had met previously at the church they both attended. Rhines testified that in May of 1992, a few weeks prior to the murder he was spending the night with Georgia Mae. They were awakened by a phone call which Georgia Mae answered. Rhines fell back asleep but was awakened shortly thereafter when he saw Georgia Mae and Nelson coming through the bedroom door. Nelson was being very abusive to Georgia Mae, and she was trying to get away from him. Nelson threw her on the bed and Rhines jumped up and began to get dressed.

¶ 10. Rhines further testified that Georgia Mae had told him that she was not dating anyone else and specifically that she was not dating Nelson. Rhines watched Georgia Mae struggle with Nelson as she attempted to use the telephone to call her mother. Nelson would not allow her to use the phone. Georgia Mae told Rhines that he should leave and she asked him to get her mother. Rhines testified that he overheard Nelson say to Georgia Mae, "I told you what's going to happen if I catch you with another man here." Though Rhines wanted to help Georgia Mae, his courage failed him because he did not know if Nelson was armed. Thus, he chose not to intervene. After Georgia Mae asked Rhines to bring her mother, Nelson told him, "I'll kill you if you do." Nevertheless, Rhines did fetch Georgia Mae's mother, left the residence and never returned that night. This incident occurred in May of 1992, a few weeks before the murder.

¶ 11. Dr. Steve Haynes, a qualified forensic medical expert, testified that Georgia Mae died as a result of multiple stab wounds. He performed an autopsy and found twentythree stab wounds, seven slash wounds, and four puncture wounds. Haynes further testified that the identified murder weapon was a large knife. The triangular wounds observed on the victim were consistent with a large single-edged weapon. The deepest wound to the victim's body was about four or five inches into her body cavity. There was also evidence establishing that Georgia Mae had *659 attempted to protect herself by using her hands to cover her face, neck, and upper chest area. Haynes also testified that the fresh puncture wound found on Nelson's thigh was similar in nature to the wounds inflicted upon Georgia Mae and that Nelson's wound could have been made with a similar triangular-shaped weapon.

¶ 12. Jacqueline Posey, Georgia Mae's friend and former schoolmate, testified that she was aware that Georgia Mae feared Nelson because Georgia Mae told her so in late May. Posey also saw Nelson leaving Georgia Mae's house one day when the police came. Further, Posey testified that she had seen bruises on Georgia Mae's left arm in May 1992, a few weeks prior to her death.

¶ 13. Robert Lee Dawson, an investigator with the Natchez Police Department, was present when Nelson was asked to remove his clothes. Dawson saw a fresh puncture wound on his left thigh. A photograph of this wound was entered into evidence.

¶ 14. Barbara Miller, a Natchez Police Department employee, went to Nelson's house on July 1, 1992.

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Cite This Page — Counsel Stack

Bluebook (online)
722 So. 2d 656, 1998 WL 753523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-state-miss-1998.