Davis v. State
| Docket Number: | 2002-KA-00747-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 07-17-2003 Opinion Author: Waller, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Manslaughter instruction - Photographs - Sufficiency of evidence - Ineffective assistance of counsel Judge(s) Concurring: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Easley, Carlson and Graves, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-12-2002 Appealed from: Yazoo County Circuit Court Judge: Jannie M. Lewis Disposition: The Appellant was convicted of murder and sentenced to life imprisonment. District Attorney: James H. Powell, III Case Number: 2000-8611A |
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| Party Name: | Attorney Name: | |||
| Appellant: | Josh Kirk Davis |
WESLEY THOMAS EVANS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Manslaughter instruction - Photographs - Sufficiency of evidence - Ineffective assistance of counsel |
| Summary of the Facts: | Josh Davis was convicted of murder and sentenced to life imprisonment. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Manslaughter instruction Davis argues that the court erred in denying a manslaughter instruction because the killing occurred in the heat of passion. While a defendant is entitled to have jury instructions given presenting his theory of the case, the instruction can be refused if it incorrectly states the law, is fairly covered elsewhere in other instructions, or is without evidentiary foundation. Here, there was no factual basis for a manslaughter instruction. Any initial passions had cooled and deliberation and malice had set in. In addition, the victim was killed while he was asleep. Issue 2: Photographs Davis argues that photographs of the victim were unduly gruesome and served only to prejudice and inflame the jury. Photographs of a victim have evidentiary value where they aid in describing the circumstances of the killing and the corpus delicti, they describe the location of the body and cause of death, and they supplement or clarify witness testimony. Here, the photographs served the legitimate evidentiary purpose of depicting the angles and trajectories of the gunshots about which the forensic pathologist who performed the autopsy, testified. Issue 3: Sufficiency of evidence Davis argues that the State never proved he was involved in the murder and that there was no physical evidence placing him at the crime scene. However, Davis admitted to law enforcement in his third statement that he fired three shots into the camp cabin where the victim was sleeping, and two witnesses saw Davis running from the camp and both testified he told them he fired the three shots. Issue 4: Ineffective assistance of counsel Davis argues that statements made by trial co-counsel violated Davis's attorney-client privilege and totally contradicted Davis's trial strategy that another person fired the fatal gunshots. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. Not only was there testimony that Davis admitted shooting into the camp cabin and a confession stating the same, but counsel’s statements during closing presented an alternative defense. |
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