Gilmore v. State
| Docket Number: | 2002-KA-01869-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-11-2004 Opinion Author: Bridges, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Capital murder & Sexual battery - Sufficiency of evidence - Suppression of statement - Jury questionnaire - Photographs - Closing argument Judge(s) Concurring: King, C.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Concurs in Result Only: Southwick, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-17-2002 Appealed from: Washington County Circuit Court Judge: W. Ashley Hines Disposition: COUNT I - CAPITAL MURDER - LIFE COUNT II - SEXUAL BATTERY - LIFE District Attorney: Joyce Ivy Chiles Case Number: CR-2000-54 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael Gilmore a/k/a Michael Deshawn Gilmore a/k/a Mac |
WILLIAM C. TROTTER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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: | Capital murder & Sexual battery - Sufficiency of evidence - Suppression of statement - Jury questionnaire - Photographs - Closing argument |
| Summary of the Facts: | Michael Gilmore was convicted of capital murder and sexual battery. He was sentenced to life in prison without the possibility of parole on the capital murder charge and life in prison for the sexual battery charge, with the sentences to run consecutively. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Gilmore argues that the evidence was insufficient, because there were no eyewitnesses, Gilmore voluntarily submitted to physical tests and he never fled the scene. The record includes evidence, through DNA evidence and Gilmore's own confession, that Gilmore was guilty of capital murder and sexual battery. Issue 2: Suppression of statement Gilmore argues that his confession was not voluntarily given because when interviewed by the investigating officers and upon his signing a waiver of the Miranda1 rights, he claims a check mark was placed upon the form indicating that he did not wish to give a statement without an attorney. The State meets its burden of proving the voluntariness of a confession by introducing the testimony of an officer, or other person having knowledge of the facts, that the confession was voluntarily made without any threats, coercion, or offer of reward. In rebuttal, the defendant must offer testimony that the confession was not voluntary. Since Gilmore never rebutted the State's prima facie case, the State was not required to produce every witness that was present during the questioning and confession. Issue 3: Jury questionnaire Gilmore argues that the court failed to send the jury questionnaire to venire persons in sufficient time to be of benefit to counsel in voir dire. Because Gilmore's brief fails to cite any relevant authority to support his position, this issue is procedurally barred. Issue 4: Photographs Gilmore argues that the court erred in admitting photographs of the victim. The pictures and/or any exhibits to which Gilmore objected are not part of the record on appeal. Therefore, this issue will not be considered. Issue 5: Closing argument Gilmore argues that the court erred in the guilt phase during closing arguments of the prosecution in allowing the State to place the burden of proof on Gilmore to produce evidence. Where a closing argument does not result in unjust prejudice against the accused as to result in a decision influenced by the prejudice so created, the error is harmless. Here, the prosecutor's making a point in an attempt to rebut arguments made by the defense in its closing arguments was not so prejudicial that reversal is warranted. |
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