Williams v. State
Docket Number: | 2005-KA-00109-COA Linked Case(s): 2005-KA-00109-COA |
|
Court of Appeals: |
Opinion Link Opinion Date: 05-08-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
|
Additional Case Information: |
Topic: Manslaughter - Weathersby rule - Prosecutorial misconduct Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
Trial Court: |
Date of Trial Judgment: 12-10-2004 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: Betty W. Sanders Disposition: CONVICTED OF MANSLAUGHTER AND SENTENCED TO FIFTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Raybun Jones Case Number: 2004-048 |
Party Name: | Attorney Name: | |||
Appellant: | YOLANDA FAY WILLIAMS |
CAROL L. WHITE-RICHARD
PHILLIP W. BROADHEAD |
||
Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
|
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. |
Topic: | Manslaughter - Weathersby rule - Prosecutorial misconduct |
Summary of the Facts: | Yolanda Williams was convicted of manslaughter and was sentenced to fifteen years. She appeals. |
Summary of Opinion Analysis: | Issue 1: Weathersby rule Williams argues that, under the facts of this case, the trial court should have applied the Weathersby rule. The Weathersby rule states that where the defendant or the defendant's witnesses are the only eyewitnesses to the homicide, their version, if reasonable, must be accepted as true, unless substantially contradicted in material particulars by a credible witness or witnesses for the state, or by the physical facts or by the facts of common knowledge. Williams argues that the Weathersby rule applied to her case because she was the only eyewitness to the shooting and her version of events showed that she shot the victim in defense of herself and her unborn baby. The testimony of the forensic pathologist substantially contradicted Williams's version of the events. Williams testified that the victim was coming straight at her and reaching for the gun when she shot him. This testimony was materially contradicted by Dr. Hayne's finding, corroborated by the photographic evidence of the bullet wounds, that the victim's side was perpendicular to the weapon when he was shot. Williams's version of events was also called into question by material conflicts in her statements and testimony and by material discrepancies in the timing of the events described in her statements and testimony when compared with the other evidence. Physical evidence also substantially contradicted Williams's version of events. Issue 2: Prosecutorial misconduct Williams argues that comments made by the prosecutor during the opening statement and closing argument amounted to prosecutorial misconduct which adversely affected the trial's outcome. Williams was not prejudiced by the prosecutor's remarks. In addition, the court sustained Williams's objections and, therefore, any error caused by the prosecutor's remarks was cured. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court