Shipp v. State

847 So. 2d 806, 2003 WL 21283936
CourtMississippi Supreme Court
DecidedJune 5, 2003
Docket2002-KA-00495-SCT
StatusPublished
Cited by5 cases

This text of 847 So. 2d 806 (Shipp 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
Shipp v. State, 847 So. 2d 806, 2003 WL 21283936 (Mich. 2003).

Opinion

847 So.2d 806 (2003)

Gregory SHIPP
v.
STATE of Mississippi.

No. 2002-KA-00495-SCT.

Supreme Court of Mississippi.

June 5, 2003.

William F. Travis, Southaven, Attorney for Appellant.

Deirdre McCrory, Office of the Attorney General, Attorney for Appellee.

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

CARLSON, Justice, for the Court.

¶ 1. Having been indicted, tried, convicted and sentenced for murder, Gregory Shipp (Shipp) appeals from the final judgment *807 of the Circuit Court of DeSoto County, claiming that the circuit court erred in denying his motion for directed verdict at the close of the State's case-in-chief. Finding the trial court properly denied the motion for directed verdict and properly submitted the case to the jury, we affirm the judgment of the circuit court.

STATEMENT OF THE CASE

¶ 2. On October 11, 2001, Gregory Shipp was indicted for the murder of George Hailey (George) pursuant to Miss.Code Ann. § 97-3-19(1)(a) (Rev.2000). Shipp was convicted of murder in the Circuit Court of DeSoto County on February 11, 2002, and was sentenced to a term of life imprisonment in the custody of the Mississippi Department of Corrections. After his motion for judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial was denied, Shipp timely appealed to this Court raising only one issue for consideration: Whether the trial court erred by denying the motion for directed verdict at the close of the State's case in chief.

FACTS AND PROCEEDINGS IN THE TRIAL COURT

¶ 3. On August 4, 2001, George Hailey was shot and killed by Gregory Shipp. After being indicted for murder, Shipp's trial commenced on February 11, 2002, before a DeSoto County Circuit Court jury, Judge George B. Ready, presiding.

¶ 4. The State called Marilyn Abram (Marilyn), girlfriend of George Hailey and mother of his child, to testify. Marilyn, also the sister-in-law of Shipp,[1] testified that George had purchased a car from Shipp and that George still owed Shipp approximately $125.00 for the car. Marilyn stated she had offered to pay George's remaining debt owed on the car, and Shipp accepted her offer by stating "everything is squash," which Marilyn understood to mean if George did not pay, Shipp would collect from her. Marilyn also testified she never heard Shipp threaten George in her presence.

¶ 5. Milton Abram (Milton), Marilyn Abram's brother and Gregory Shipp's brother-in-law, testified that on August 4, 2001, he and his cousin Henry Morgan were living at 1565 Hailey Road, Southaven, MS. Milton stated his residence was across the street from the home of Robert Lee and Bobby Jean Hailey. He stated he saw both Shipp and George at his house that night. Milton testified George was sitting in his driveway in Marilyn's car when Shipp approached George and asked him to get out of his car. When George refused to get out of his car, Shipp told George, "You better not be here when I get back ." Milton testified that after Shipp's statement to George, Shipp went to his house which was right next door to Milton's home. Milton attempted to get George to accompany him to Bobby Jean Hailey's house, but George never got out of his car. Milton did not go back outside until after he heard the gunshot. Milton also testified that earlier on August 4, he had traveled to Tennessee at the request of his sister, Marilyn, to retrieve her car from George. While he was in Tennessee, Milton stated he saw that George had a knife in his car, but he testified that he never saw George pull his knife on Shipp.

¶ 6. Henry Morgan (Morgan) testified he was living with his cousin, Milton Abram, on August 4, 2001. The first time Morgan saw Shipp on August 4, Morgan was on his porch with Sly Payne and Tonya Polk when Shipp arrived at his house. Shipp stated he had just been in an argument with George about the money George owed *808 him. Morgan testified Shipp was carrying a sawed-off, pump action shotgun. Morgan testified that Shipp stated he "had something for George" if he came on Hailey Road. Morgan also testified that Tonya Polk fired Shipp's shotgun into the air. Later that evening, George arrived at Morgan's home. Morgan stated that George first pulled into his driveway but then drove to Bobby Jean Hailey's driveway. Shipp followed George to Bobby Jean's house. Morgan testified that Shipp returned to his house and came back with the sawed-off shotgun. Shipp walked over to George's car and asked him to roll down the window, but George refused. Morgan testified when George pulled off in his car, Shipp fired the gun. After he shot George, Shipp "got in the car and he took off real fast." George's car rolled down the hill into the wooded area of the yard.

¶ 7. Tonya Polk (Polk) testified that she saw Shipp the afternoon of August 4, 2001. Polk, Morgan and Sly Payne were sitting on Morgan's porch when Shipp pulled up to the house and informed the group that he and George had exchanged words about the money that George owed him. Later that afternoon, Polk stated Shipp returned to Morgan and Milton's house with a shotgun. Polk stated Shipp allowed her to test fire the gun. On the night of August 4, George and Milton arrived at Milton's home together in George's car. Milton got out of the car and attempted to get George to follow him into the house, but George never left his vehicle. Polk then saw Shipp pull up by George and ask George to get out of the car. After George refused, Milton approached the two men and asked George to accompany him to Robert Lee Hailey's house. As Milton walked across the street to Robert Lee Hailey's house, George followed Milton in his car. Polk testified that before George left, Shipp told him, "Don't be here when I get back." Shipp left and went home. However, Shipp soon returned. Polk testified that as George saw Shipp approaching his car, he started blowing his horn. While this was occurring, Polk was talking on her cell phone to Bobby Jean Hailey. Polk told Bobby Jean to tell Robert Lee to come outside because Shipp had come back and was about to kill George. Polk saw Shipp exit his car and walk to George's car. Shipp was again demanding that George get out of his car. Polk testified that she saw Shipp carrying a gun when he approached George's car. When George would not get out of the car, Polk heard three "pecks" as Shipp hit the driver's side window with his gun. After Shipp hit the window, George pulled away. Polk testified that Shipp stepped back and fired the gun. After shooting George, Shipp left in his car.

¶ 8. Bobby Jean Hailey (Bobby Jean), wife of Robert Lee Hailey, testified that her sister, Marilyn, and George have a child together—Angela. Occasionally Bobby Jean and Robert Lee would babysit Angela, and they were, in fact, babysitting Angela on the night of August 4, 2001. Bobby Jean also stated it was not uncommon for George to pick up Angela when Marilyn was unable to do so. Bobby Jean testified she received a telephone call from Polk on the night of August 4. Bobby Jean stated Polk asked for Robert Lee because Shipp and George were "into it outside" and Shipp had a gun. Bobby Jean testified that while she was on the phone with Polk she could hear a horn blowing outside. As Bobby Jean was getting Robert Lee out of bed, she heard a shot and a car driving away very fast. She called 911 as Robert Lee went outside.

¶ 9.

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Cite This Page — Counsel Stack

Bluebook (online)
847 So. 2d 806, 2003 WL 21283936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shipp-v-state-miss-2003.