Westbrook v. State

658 So. 2d 847, 1995 WL 384034
CourtMississippi Supreme Court
DecidedJune 29, 1995
Docket92-KA-00132-SCT
StatusPublished
Cited by133 cases

This text of 658 So. 2d 847 (Westbrook 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
Westbrook v. State, 658 So. 2d 847, 1995 WL 384034 (Mich. 1995).

Opinion

658 So.2d 847 (1995)

Joseph Lynn WESTBROOK, a/k/a Joseph Lynn Westbrooks
v.
State of Mississippi.

No. 92-KA-00132-SCT.

Supreme Court of Mississippi.

June 29, 1995.

Michael G. Thorne, Tupelo, for appellant.

Michael C. Moore, Atty. Gen., Jackson, Jean Smith Vaughan, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before HAWKINS, C.J., and PITTMAN and BANKS, JJ.

PITTMAN, Justice, for the Court:

STATEMENT OF THE CASE

On February 5, 1990, Appellant was indicted by the Lee County Grand Jury on three counts of murder. At a pre-trial hearing held on February 8, 1990, Appellant entered a plea of not guilty to all three charges. On April 23, 1990, Appellant moved for a psychiatric examination, which the court granted by order dated August 27, 1990. Subsequently on January 15, 1991, Dr. Reb McMichael reported to the trial court that Appellant was "capable of assisting his attorney in preparing a defense" and that Appellant understood the nature of the charges against him. On January 30, 1992, Appellant gave a Notice of an Insanity Defense and the State responded to the defense on February 3, 1992.

A jury was impanelled and the trial proceeded on all three counts on February 3, 1992. At the close of the State's case, Appellant moved for a directed verdict, which the trial court denied. The defense proceeded with its case in chief, followed by the State calling two rebuttal witnesses and again resting. *848 The jury was instructed and retired to deliberate. During the course of the deliberations, the jury sent out a written request for the definitions of deliberate design and malice aforethought. The trial court responded by informing the jury that such a request was improper and that they could decide the case on the law and instructions given earlier. Ultimately, the jury returned with a verdict of guilty for each of the three counts. Thereafter, the trial court sentenced Appellant to serve a term of life as to Counts I, II and III, sentences to run consecutively.

On February 11, 1992, Appellant filed a motion for JNOV, or alternatively, a new trial, said motion being denied by the court that same day. Aggrieved by the verdict of the jury and by certain actions taken by the trial court, Appellant timely perfected this appeal. Appellant presents the following three issues for this Court's review:

I. THE TRIAL COURT ERRED IN ALLOWING GRUESOME AND IRRELEVANT PHOTOGRAPHS INTO EVIDENCE.
II. THE TRIAL COURT ERRED IN REFUSING DEFENDANT'S INSTRUCTIONS D-19, D-20 AND D-21, ON UNCONTROLLABLE IMPULSE AS IT RELATES TO INSANITY.
III. THE TRIAL COURT ERRED IN REFUSING THE JURY'S REQUEST FOR FURTHER INSTRUCTIONS, REGARDING MALICE AFORETHOUGHT AND DELIBERATE DESIGN.

STATEMENT OF THE FACTS

On November 15, 1989, Pamela Pearson, Carolyn Sullivan and Willis Thrasher were murdered at the Crosstown intersection, in Tupelo, Mississippi. According to the various witnesses who testified during the trial, at approximately 4 P.M. that afternoon, Joseph Lynn Westbrooks [hereinafter Appellant], stopped his white Oldsmobile vehicle behind a blue vehicle at a red light at the Crosstown intersection. Appellant then got out of his vehicle and walked to the driver's window of the car stopped directly in front of his. Thereafter, he fired shots into the car. In addition, witnesses stated that after Appellant shot into the car, he fired a fifth shell which was discharged on the ground. At that point, Appellant walked back to his vehicle and drove away.

At trial, several witnesses who observed the shootings testified and identified Appellant as the perpetrator. In addition, law enforcement officials described the scene and subsequent arrest and charging of Appellant. Finally, certain experts were proffered in order to establish the cause of death, the fact that the fingerprints taken from the shotgun were Appellant's, and that the five spent shells were fired from the shotgun that was recovered from the Appellant.

The Appellant did not take the stand or otherwise contradict the State's evidence, rather, the defense sought to establish Appellant's insanity by and through calling certain psychological experts. Dr. L.D. Hutt testified that Appellant suffered from major depression and also from a condition known as borderline personality disorder, wherein a person alternates between neurosis and psychosis and is otherwise out of touch with reality. Hutt also stated that Appellant engaged in instances of explosive, violent behavior, a symptom of the diagnosed condition. Hutt testified that Appellant's relationship with Pamela Pearson was a "major stressor," and Appellant's fear of abandonment attributed greatly to his borderline personality disorder.[1] Hutt opined that Appellant was suffering from the conditions of his mental defect on November 15, 1989, such that he was unaware of the nature and quality of his actions. In addition, Hutt stated that during the times he interviewed and observed Appellant, Appellant was in a condition whereby he could not distinguish right from wrong.

The defense also called Dr. Jan E. Kloek, who testified that on November 15, 1989, Appellant was incompetent due to the nature *849 of his condition and that Appellant at the time of the shootings, may have been in a dissociative state. Further, Kloek stated that Appellant's mental condition pre-empted him from understanding or knowing the nature and quality of his actions and from distinguishing right from wrong.

The State on rebuttal, called Dr. Reb McMichael, who in a written report, opined that Appellant was mentally fit to assist his counsel with the preparation of his defense. McMichael ultimately opined that he believed that Appellant was sane, knew what he was doing and was aware that his actions were wrong at the time the shootings occurred.

The State also called Dr. Helen Robertson, employed as a clinical psychologist for the State Mental Hospital. Robertson testified that she observed Appellant while he was housed at the state hospital, and it was her opinion that he was "able to understand and appreciate the nature and quality of his actions on that day." Robertson discussed the basis of her opinion, including the interviews, tests performed and case history and also opined that Appellant was not psychotic at the time of the shootings on November 15, 1989.

The jury returned a verdict of guilty on all three counts. This appeal follows.

RELEVANT LAW AND ANALYSIS

I. DID THE TRIAL COURT ERRONEOUSLY ALLOW GRUESOME AND IRRELEVANT PHOTOGRAPHS TO BE ADMITTED INTO EVIDENCE?

During trial, Dr. Lloyd White, an expert called by the State, testified that he performed the autopsies and that all three victims died as a result of gunshot wounds. Prior to Dr. White taking the stand, the defense objected to certain photographs comprising Exhibits 13, 14 and 15 on the grounds that the Defendant had not contradicted or denied the killings and that the corpus delicti had already been established. The trial court overruled defense's objection to these photographs. During the course of White's testimony, the State moved to have these photographs admitted to corroborate White's testimony. The defense again objected; however, the trial court allowed the photographs, comprising State's Exhibits "13", "14", and "15" to be admitted into evidence.

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Cite This Page — Counsel Stack

Bluebook (online)
658 So. 2d 847, 1995 WL 384034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westbrook-v-state-miss-1995.