Chambers v. State
| Docket Number: | 2005-KM-01101-COA Linked Case(s): 2005-CT-01101-SCT ; 2005-KM-01101-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-09-2007 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Resisting arrest - Inconsistent verdict Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE, ROBERTS AND CARLTON, JJ. Non Participating Judge(s): KING, C.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 01-12-2005 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: Richard Smith Disposition: CONVICTED OF RESISTING ARREST AND SENTENCED TO SIX MONTHS IN THE COUNTY JAIL. District Attorney: Joyce Ivy Chiles |
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| Note: | MOTION FOR REHEARING FILED: 3/12/2007- DENIED; AFFIRMED 10/09/2007 | |
| Party Name: | Attorney Name: | |||
| Appellant: | GREGORY CHAMBERS |
LINTON COOK KILPATRICK
MARTIN A. KILPATRICK |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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: | Resisting arrest - Inconsistent verdict |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. Gregory Chambers was convicted of resisting arrest. He appeals. |
| Summary of Opinion Analysis: | Chambers argues that it was inconsistent for the jury to find him guilty of resisting arrest yet not guilty of simple assault on a law enforcement officer. He argues that the jury implicitly found that the arrest was unlawful by acquitting him of the simple assault charge. The crime of simple assault on a police officer contains additional elements not present in the crime of resisting arrest. If the jury was not convinced, beyond a reasonable doubt, of any single element of simple assault, then it was bound to acquit Chambers of the indicted charge. An inconsistent verdict, in and of itself, is insufficient to reverse a criminal conviction. The offense of resisting arrest presupposes a lawful arrest. A person has a right to use reasonable force to resist an unlawful arrest. The record contains substantial evidence that the officer was acting within the scope of his employment at the time the arrest was made and, further, that Chambers was aware of this fact. While the issue of who initiated the physical confrontation was disputed at trial, it was within the province of the jury to resolve this dispute. Apparently, the jury chose to believe the version offered by the State’s witnesses in finding Chambers guilty of resisting arrest. The fact that Chambers produced corroborating witnesses does not preclude the jury from disregarding the testimony of those witnesses. Drawing all reasonable inferences from the officer’s testimony, it was reasonable for a jury to find that Chambers’ fierce struggle while the agents attempted to place Chambers in handcuffs amounted to resistance or obstruction of his arrest by force, threats, violence, or any other means. Thus, the jury was presented with substantial evidence to support Chambers’ conviction of resisting arrest. |
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