McGruder v. State
| Docket Number: | 2003-KA-00689-COA Linked Case(s): 2003-KA-00689-COA ; 2003-TS-00689 ; 2003-TS-00689 |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-22-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder & Arson - Weight of evidence - Closing argument Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Chandler and Griffis, JJ. Judge(s) Concurring Separately: Thomas, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-21-2003 Appealed from: Yazoo County Circuit Court Judge: Jannie M. Lewis Disposition: COUNT ONE- MURDER: SENTENCE OF LIFE; COUNT TWO- MURDER: SENTENCE OF LIFE WITH SENTENCES IN COUNTS ONE AND TWO TO RUN CONCURRENTLY; COUNT THREE- ARSON: SENTENCE OF 10 YEARS - TO RUN CONSECUTIVELY WITH COUNTS ONE AND TWO. ALL SENTENCES TO BE SERVED IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. Case Number: 98-8387 |
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| Consolidated: 2001-CT-01542-COA Anthony McGruder v. State of Mississippi; Yazoo Circuit Court; LC Case #: 98-8387; Ruling Date: 11/29/2000; Ruling Judge: Jannie M. Lewis | ||
| Party Name: | Attorney Name: | |||
| Appellant: | Anthony McGruder |
BELINDA J. STEVENS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Murder & Arson - Weight of evidence - Closing argument |
| Summary of the Facts: | Anthony McGruder was convicted of two counts of murder and one count of arson. was sentenced to two life sentences for the murders to be served concurrently and ten years for the arson to be served consecutively with the life sentences. McGruder appealed, and the Court of Appeals dismissing the appeal as time barred. The Supreme Court granted certiorari and remanded to the Court of Appeals for a decision on the merits of McGruder’s claim. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence McGruder argues that the verdict was against the overwhelming weight of the evidence, because the State presented no direct, eyewitness testimony linking him to the crimes. The State offered the testimony of twelve witnesses to prove its case against McGruder. Reviewing the testimony in a light most favorable to the State, a reasonable juror could infer that McGruder was guilty of two counts of murder and one count of arson beyond a reasonable doubt. Issue 2: Closing argument McGruder argues that he was denied his right to a fair and impartial trial because the State argued facts not in evidence and indulged in inflammatory remarks in order to incite bias and prejudice in the jurors. The State could properly argue its theory of the case, apply the law to the facts, and make deductions and conclusions based on the evidence presented. Based on the evidence, this is what it did. |
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