Starns v. State
| Docket Number: | 2002-KA-00709-SCT Linked Case(s): 2002-KA-00709-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 12-31-2004 Opinion Author: Cobb, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Right against self-incrimination - Proof of act - Sufficiency of indictment - Weight of evidence Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Easley, Carlson and Graves, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : McRae, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-20-2002 Appealed from: Lauderdale County Circuit Court Judge: Larry Eugene Roberts Disposition: Appellant was found guilty of murder and sentenced to life in prison. District Attorney: Bilbo Mitchell Case Number: 283-01 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Peggy Sloan Starns |
WILLIAM B. JACOB
JOSEPH A. KIERONSKI, JR.
DANIEL P. SELF, JR. |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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 - Right against self-incrimination - Proof of act - Sufficiency of indictment - Weight of evidence |
| Summary of the Facts: | Peggy Starns was convicted of murder and sentenced to life imprisonment. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Right against self-incrimination Starns argues that the court erred in admitting two conversations she had with an investigator which she alleges were recorded in violation of her Fifth Amendment rights. There is no doubt that the investigator had decided before he went to interview Starns that she was the primary suspect, the target of his investigation. However, the mere fact that an investigation has focused on a suspect does not trigger the need for Miranda warnings in non-custodial settings. Issue 2: Proof of act Starns argues that neither the indictment nor jury Instruction stated any act taken by her to cause the victim’s death. The State argues that the asphyxiation was itself the act and that it was sufficient to tell the jury that somehow Starns caused the victim to suffer a lack of oxygen which led to her death. The jury’s job was to evaluate the evidence and determine if Starns asphyxiated the victim, i.e., it had to determine whether the evidence proved beyond a reasonable doubt that Starns stopped the victim from being able to take in oxygen long enough to cause her death. The State’s theory of suffocation and death by asphyxiation was sufficiently charged in jury instructions. Issue 3: Sufficiency of indictment Starns argues that her indictment did not apprise her of the nature and cause of the accusations against her. If the statute fully and clearly defines the offense, the language of the statute is sufficient to provide notice of the crime charged. Here, the indictment did apprise Starns of the nature and cause of the accusations against her. It tracked the statutory language and apprised Jones of the material elements of the statutory offense. Issue 4: Weight of evidence Starns argues that the verdict was against the weight of evidence. Starns was the only person with the victim when she stopped breathing. A doctor testified that it was her opinion that the victim died as a result of homicide and not as a result of an accident or suicide. Given the evidence, the verdict was not against the overwhelming weight of evidence. |
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