Conner v. State
| Docket Number: | 2005-KA-01994-COA Linked Case(s): 2005-KA-01994-COA ; 2005-CT-01994-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-29-2007 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder, Armed robbery & Shooting into dwelling - Change of venue - Weight of evidence Judge(s) Concurring: KING, C.J., LEE, P.J., 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: 07-01-2005 Appealed from: WARREN COUNTY CIRCUIT COURT Judge: Isadore Patrick Disposition: CONVICTED OF MURDER, ARMED ROBBERY, AND SHOOTING INTO AN OCCUPIED DWELLING AND SENTENCED TO LIFE IMPRISONMENT FOR MURDER, TWENTY YEARS FOR ARMED ROBBERY, AND FIVE YEARS FOR SHOOTING INTO AN OCCUPIED DWELLING, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: G. Gilmore Martin Case Number: 04,0247-CR-P |
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| Party Name: | Attorney Name: | |||
| Appellant: | ZACHARY CONNER |
JENNIFER POWELL FORTNER |
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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: | Murder, Armed robbery & Shooting into dwelling - Change of venue - Weight of evidence |
| Summary of the Facts: | Zachary Conner was convicted of murder, armed robbery, and shooting into an occupied dwelling. He was sentenced to respective terms of life, twenty, and five years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Change of venue Conner argues that the court erred in denying his motion for a change of venue based on the pre-trial publicity of the case in the newspaper article and a collective community feeling of Conner’s guilt. No affidavits were offered in support of the attorney’s oral motion as required by section 99-15-35. In addition, the voir dire transcript indicates that only two members of the venire stated that they had read the article and both were dismissed by the court for cause. The record also supports the State’s contention that none of the jurors complained of in Conner’s brief was selected to sit on the jury. Issue 2: Weight of evidence Conner argues that the State failed to meet its burden of proving that Conner actually pulled the trigger of the gun that killed the victim. The testimony introduced at trial, when viewed collectively, was far more than adequate to support a conviction on each of the charges Conner faced. Two witnesses testified to seeing Conner shoot the victim, and several other witnesses testified to hearing Conner admit shooting the victim. In addition, there was testimony that connected Conner to the weapon. |
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