Patterson v. State

127 So. 3d 1124, 2013 WL 1960507, 2013 Miss. App. LEXIS 262
CourtCourt of Appeals of Mississippi
DecidedMay 14, 2013
DocketNo. 2011-KA-00293-COA
StatusPublished
Cited by3 cases

This text of 127 So. 3d 1124 (Patterson 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
Patterson v. State, 127 So. 3d 1124, 2013 WL 1960507, 2013 Miss. App. LEXIS 262 (Mich. Ct. App. 2013).

Opinion

ROBERTS, J.,

for the Court:

¶ 1. A jury sitting before the Scott County Circuit Court found Timothy Joseph Patterson guilty of murder. The circuit court sentenced Patterson to life in the custody of the Mississippi Department of Corrections (MDOC). Patterson appeals and claims: (1) the circuit court erred when it denied his request for a manslaughter instruction; (2) he had ineffective assistance of counsel; (3) the circuit court erred when it held that he would not be permitted to claim as a defense that he was insane, because he had not timely notified the prosecution of his intent to raise a defense based on insanity; (4) the circuit court erred when it held that he was competent to be tried; (5) there was insufficient evidence to convict him of murder; (6) the jury’s verdict is contrary to the overwhelming weight of the evidence; and (7) he should be awarded a new trial based on the cumulative effect of the circuit court’s errors. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. Patterson graduated from Belhaven University on May 8, 2010. That night, he met with some of his friends from high school, who had planned to watch a pay-per-view fight at a “barn” that Jim Marler owned in Scott County.1 Approximately twelve to fifteen people went to Marler’s bam. Most of the attendees were drinking. By 2:30 a.m. the following morning, there were still a few people remaining. Marler, Patterson, Luke Baugh, Kevin Gordon, and Michael Guy drove to a couple of different locations to socialize, one of which was Tracy Arinder’s farm. They did not stay at Arinder’s farm long, because Marler and Arinder began to argue. According to Marler, he was walking away from Arinder when Arinder hit him from behind. Arinder caused Marler to hit his head on the running board of his truck. Guy did not leave with Marler’s group. There was some indication that Guy did not approve of Marler’s disagreement with Arinder.

¶ 3. Marler, Patterson, Kevin Gordon, and Baugh drove back to Marler’s barn. Gareth Henry and Kevin Gordon’s brother, Ken Gordon, arrived at Marler’s barn sometime around 3:00 a.m. Patterson was holding a semi-automatic pistol that Mar-ler owned. Marler testified that Patterson must have taken the pistol out of Marler’s truck, but Patterson later disputed that. In any event, witnesses testified that Patterson was not behaving aggressively at that time. A short time later, Patterson fired Marler’s pistol into the air. Because Patterson was inebriated, Baugh took the pistol from Patterson, removed the magazine from the pistol, ejected an unfired round from the pistol’s chamber, and left the pistol on a table. The magazine changed hands, but it was eventually hidden away from Marler’s pistol.

[1128]*1128¶4. In the meantime, Guy got a ride back to Marler’s barn. Patterson had picked up Marler’s pistol again, and he somehow found the hidden magazine. Five eyewitnesses testified that without any provocation from Guy or any indication of a dispute between Guy and Patterson, Patterson suddenly shot Guy in the head at point-blank range. Patterson then turned around toward a group of bystanders and fired the pistol once in their general direction. Fortunately, Patterson did not hit any of the bystanders, who quickly scattered out of Marler’s barn. However, Patterson then turned back around, stood over Guy, and shot Guy in the head again.

¶ 5. Meanwhile, Henry ran to his truck and armed himself with his own pistol while trying to call 911. Marler ran to his brother’s house and also called 911. Patterson had tucked Marler’s pistol into the waistband of his shorts. As Patterson walked toward Henry, Henry warned Patterson to stay where he was. As Henry kept his pistol aimed at Patterson, Ken Gordon removed Marler’s pistol from Patterson’s waistband. Patterson reportedly said that he wanted to kill himself. Henry kept Patterson in one spot until law-enforcement officers were able to respond to the scene.

¶ 6. Deputy Sheriff Brad Ellis of the Scott County Sheriffs Department was the first responder at the scene, although other law-enforcement officers arrived shortly after Deputy Ellis. Deputy Ellis and Officer Jimmy Scott Thompson of the Morton Police Department took Patterson into custody. Investigator Willie Anderson swabbed Patterson’s hands for gunshot residue. Jacob Burchfield of the Mississippi Crime Laboratory later found that particles of gunshot residue were present on the samples that Investigator Anderson had taken. Additionally, Patterson’s fingerprints were retrieved from Marler’s 9mm pistol.

¶ 7. Patterson was indicted for murder. He pled not guilty and opted for trial. Four days before Patterson was scheduled to go to trial, Patterson’s trial attorney submitted notice that Patterson intended to claim that he had been insane when he shot Guy. And just before Patterson’s trial commenced, his trial attorney moved for a continuance based on the concept that Patterson was incompetent to be tried. The events that transpired during Patterson’s competency hearing will be discussed later. Suffice it to say, the circuit court denied Patterson’s motion for a continuance based on the circuit court’s conclusion that Patterson was competent to be tried. The circuit court also granted the prosecution’s motion to preclude Patterson from raising a defense based on insanity because Patterson had provided insufficient notice of his intent.

¶ 8. At trial, the prosecution presented numerous eyewitnesses who testified that Patterson had shot Guy. Those eyewitnesses also testified that Patterson and Guy had not been arguing or acting in any way that could have provoked Patterson’s behavior. The prosecution also called numerous law-enforcement officers and expert witnesses who testified regarding their involvement in the investigation that followed.

¶ 9. Patterson called several character witnesses, who all testified that Patterson was a peaceful, honest person. Additionally, Patterson took the stand. He testified that he could not remember shooting Guy. According to Patterson, he had only met Guy that night, but they had gotten along well. However, he remembered that Guy did not leave Arinder’s barn with Marler because Guy had sided with Arinder. Patterson admitted that he had been drinking that night. He could not confirm or deny [1129]*1129that he had killed Guy, but he speculated that someone could have possibly drugged one of his drinks.

¶ 10. The jury found Patterson guilty of murder. The circuit court sentenced Patterson to life in the custody of the MDOC. Following unsuccessful post-trial motions for a judgment notwithstanding the verdict (JNOY) or a new trial, Patterson appeals.

ANALYSIS

I. MANSLAUGHTER INSTRUCTION

¶ 11. Patterson claims the circuit court erred when it refused his request to instruct the jury that it could find him guilty of manslaughter. Patterson submitted a two-page proposed jury instruction designated as D-6. The circuit court gave the first page of instruction D-6. However, the circuit court refused the second page of instruction D-6, which stated:

If the State has failed to prove beyond a reasonable doubt that ... Patterson acted willfully, with malice aforethought[,] and with premeditated design, then you are to not find [Patterson] guilty of murder; however you should continue your deliberations to consider elements of the crime of manslaughter.

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Bluebook (online)
127 So. 3d 1124, 2013 WL 1960507, 2013 Miss. App. LEXIS 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-state-missctapp-2013.