Wilson v. State
| Docket Number: | 2005-KA-01752-COA Linked Case(s): 2005-CT-01752-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-15-2007 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Prior bad acts - M.R.E. 404(b) - M.R.E. 403 - Weathersby rule - Weight of evidence Judge(s) Concurring: LEE AND MYERS, P.JJ, IRVING, CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Concurs in Result Only: KING, C.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-10-2005 Appealed from: Coahoma County Circuit Court Judge: Larry O. Lewis Disposition: CONVICTION OF MURDER AND SENTENCED TO SERVE A TERM OF LIFE IMPRISONMENT IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: Laurence Y. Mellen Case Number: 2004-0142 |
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| Party Name: | Attorney Name: | |||
| Appellant: | CHRISTOPHER WILSON |
DAVID L. TISDELL |
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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 - Prior bad acts - M.R.E. 404(b) - M.R.E. 403 - Weathersby rule - Weight of evidence |
| Summary of the Facts: | Christopher Wilson was convicted of murder and sentenced to life imprisonment. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Prior bad acts Wilson argues that the court erred when it admitted evidence of a prior shooting and Wilson’s rap lyrics about the prior shooting. M.R.E. 404(b) allows prior bad acts to be admitted to show intent and absence of mistake, among other things. In addition, the evidence must pass through the filter of M.R.E. 403. The State sought to introduce evidence of a prior shooting of the victim when the defendant was claiming accident as the cause of a later fatal shooting. Also, the probative value of the prior shooting was not substantially outweighed by its prejudicial effect. The court even gave the proper limiting instruction when evidence of the prior shooting was introduced. Accordingly, the court did not abuse its discretion in allowing evidence of a prior shooting to be presented to the jury for the limited purpose of showing absence of mistake or accident. Issue 2: Weathersby rule Wilson argues that since he was the only eyewitness to the shooting that his version of the event, if reasonable, must be accepted as true unless substantially contradicted by a credible witness testifying for the State or by physical facts of common knowledge. Wilson stated that the gun discharged when the victim was fixing her hair in front of the dresser. In a separate interview, Wilson provided an inconsistent statement when he stated that the gun discharged when the victim was sitting on the bed brushing her hair. There was also a contradiction in the accompanying physical evidence. The physical evidence suggests that the gunshot occurred while Wilson was standing over the victim, and not when he was standing next to her while she was at the dresser getting ready for work. Thus, it was proper for the court to deny a request for a directed verdict in accordance with the Weathersby rule. Issue 3: Weight of evidence Wilson argues that the verdict of the jury was against the overwhelming weight of the evidence. Wilson admitted to police that he shot the victim. He only challenged the finding that it was not an accident. He gave inconsistent statements to the police. Each of these statements was contradicted by the physical evidence. Based on the evidence, the verdict is not so contrary to its weight that allowing it to stand would sanction an unconscionable injustice. |
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