McCain v. State
| Docket Number: | 2005-KA-01892-COA Linked Case(s): 2005-KA-01892-COA2005-CT-01892-SCT |
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| Oral Argument: | 03-13-2007 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-01-2007 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Right to testify - Sufficiency of evidence - Lesser-included offense instruction - Judicial impartiality - M.R.E. 614(b) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-27-2005 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: CONVICTED OF MURDER, SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Eleanor Faye Peterson Case Number: 05-0-104 |
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| Party Name: | Attorney Name: | |||
| Appellant: | WILLIAM T. MCCAIN A/K/A WILLIAM MCCAIN |
VIRGINIA L. WATKINS |
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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 - Right to testify - Sufficiency of evidence - Lesser-included offense instruction - Judicial impartiality - M.R.E. 614(b) |
| Summary of the Facts: | William McCain was convicted of murder and sentenced to life in prison without the possibility of parole. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Right to testify McCain argues his right to testify was violated and that this prevented him from presenting a meaningful defense. McCain was specifically instructed on his right to testify in his own defense. The trial judge was careful to inform McCain that this decision was for McCain alone to decide. Counsel for McCain requested to “reopen” McCain’s defense only after receiving an adverse decision on a jury instruction for manslaughter due to the absence of a factual basis for that instruction. The record does not demonstrate that McCain was refused an opportunity to present a defense which included testimony on his own behalf. The record and arguments demonstrate that counsel for McCain was satisfied that McCain received what he asked of the trial judge. Issue 2: Sufficiency of evidence McCain argues that the prosecution failed to prove all elements of deliberate design and depraved heart murder. There was evidence that McCain repeatedly beat the victim with a hydraulic jack, then proceeded to the kitchen where he obtained a knife from a drawer. After obtaining the knife, McCain returned to the bedroom and repeatedly stabbed the victim. There was also evidence that McCain took money from the victim after he had inflicted the fatal wounds to buy more drugs. This evidence is legally sufficient to support that any reasonable juror could have found beyond a reasonable doubt that McCain formed the required malice very quickly while obtaining the knife and prior to stabbing the victim. Issue 3: Lesser-included offense instruction McCain argues that the judge did not use the correct standard in refusing to give the jury an instruction on the lesser offense of manslaughter. The trial judge refused to grant an instruction on manslaughter because McCain failed to demonstrate the required degree of exasperation. McCain argues that the combination of the victim shoving him, swinging her purse at him, and using words of reproach or anger satisfied the factual basis for a manslaughter instruction. McCain’s argument is not persuasive that provocative and angry words coupled with shoving and swinging a purse amount to a factual basis for a manslaughter instruction. Malice may be inferred or implied where a deadly weapon is used. The record reflects that evidence submitted by McCain to overcome this implication of malice is that he could not remember obtaining the knife from the kitchen and then returning to repeatedly stab the already beaten body of the victim. McCain conveniently forgot that he stabbed the victim after he had already beaten her with the metal jack but then remembered taking money out of her purse to purchase more drugs before leaving the scene of the crime. The trial court did not err in refusing to give an instruction on manslaughter. Issue 4: Judicial impartiality McCain argues that his conviction should be set aside because the trial judge was not impartial by assisting the admission of certain photographs. A trial judge may interrogate a witness pursuant to M.R.E. 614(b). Reversal is warranted where the judge displays partiality, becomes an advocate, or, in any significant way, conveys to the jury the impression that he has sided with the prosecution. Here, the judge was not advocating the position of the State and did not display partiality by asking a question to ensure that a photo would assist the witness in describing the wounds the victim received. The judge merely communicated to the prosecution that the present moment was not the best or appropriate time to entertain the issue of whether the photo marked as Exhibit #2 should be admitted into evidence. |
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