Strahan v. State
| Docket Number: | 2005-KA-02034-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-01-2007 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Capital murder - Weight of evidence - Prosecutorial misconduct Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, 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: 04-07-2004 Appealed from: YAZOO COUNTY CIRCUIT COURT Judge: Jannie M. Lewis Disposition: DEFENDANT CONVICTED OF CAPITAL MURDER AND SENTENCED TO SERVE A LIFE SENTENCE WITHOUT THE POSSIBILITY OF PAROLE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: James H. Powell, III Case Number: 23-9216 |
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| Party Name: | Attorney Name: | |||
| Appellant: | DARWIN STRAHAN A/K/A DARRYL STRAHAN |
BELINDA J. STEVENS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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: | Capital murder - Weight of evidence - Prosecutorial misconduct |
| Summary of the Facts: | Darwin Strahan was convicted of capital murder and sentenced to life imprisonment. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence Strahan argues that the jury’s verdict was based on unreliable eyewitness testimony by witnesses with an incentive to lie and that there was no physical evidence linking Strahan to the kidnapping and murder. Three witnesses testified that they witnessed Strahan and another person assault the victim. One witness testified that she witnessed Strahan shoot the victim. These witnesses and their testimony on cross-examination were available for the jury’s consideration. The responsibility for assessing the credibility of witnesses lies within the province of the jury. Issue 2: Prosecutorial misconduct Strahan argues that the prosecutor made inappropriate and inflammatory remarks during his closing argument that rise to the level of reversible error. While the prosecutor’s remarks were inappropriate and should have drawn an objection from defense counsel and an admonition from the trial judge, the prosecutor’s comments did not rise to a level that requires the case be reversed. |
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