Scott v. State
| Docket Number: | 2005-KA-02081-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-25-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Sufficiency of evidence - Right not to testify - Ineffective assistance of counsel 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 |
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| Trial Court: |
Date of Trial Judgment: 10-06-2005 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: CONVICTED OF MURDER AND SENTENCED TO SERVE LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: Laurence Y. Mellen Case Number: 2005-014-CR1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | ALFRED SCOTT, JR. |
JOHNNIE E. WALLS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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 - Sufficiency of evidence - Right not to testify - Ineffective assistance of counsel |
| Summary of the Facts: | Alfred Scott, Jr. was convicted of murder and was sentenced to life in prison. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Scott argues that the evidence was insufficient to sustain the verdict. The victim was shot four times in the back and once in the chest. Three eyewitnesses testified they first heard a “pop” which sounded like fireworks. When they turned toward the direction of the noise, they saw Scott standing over the victim, shooting him repeatedly. The state pathologist’s testimony corroborated that the cause of death was multiple gun shots, consistent with shots being fired from above while the victim was on the ground. Scott also admitted to shooting the victim, but maintains that it was done purely in self-defense. However, no weapon was found on either the victim’s person or in the car he drove to the convenience store. Accepting the testimony of the State’s witnesses as true and considering all the evidence in the light most favorable to the prosecution’s theory of the case, there is sufficient evidence to support Scott’s conviction. Issue 2: Right not to testify Scott argues that he should have been advised of his right not to testify. Scott’s counsel failed to raise this issue with the trial court or in Scott’s motion for a new trial. Therefore, this issue is considered waived on appeal and procedurally barred. In addition, Scott’s attorney informed the court that Scott desired to testify on his own behalf. Thus, there was no need for the trial court to warn or advise Scott of his right to testify independent of his counsel’s advice. Issue 3: Ineffective assistance of counsel Scott argues that he was severely prejudiced because his counsel did not insist that the court provide him with the Culberson warning or move to strike a potentially prejudiced juror. Scott’s attorney informed the court that Scott wished to testify. Scott exercised that option. Thus, the lower court need not have given Scott the warning, because he stated his intention to testify on his own behalf and was provided that opportunity. Scott has failed to put forth any proof that his counsel’s failure to object to this juror was not a strategic move. Also, he has shown no prejudice. |
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