McCallum v. State
| Docket Number: | 2007-KA-00992-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-09-2008 Opinion Author: IRVING, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Juror misconduct - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., 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: 01-23-2007 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO TWENTY YEARS WITH FIFTEEN YEARS SUSPENDED AND FIVE YEARS TO SERVE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Jon Mark Weathers Case Number: 06-156CR |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MIGUEL DECARLOS MCCALLUM |
GLENN S. SWARTZFAGER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE | ||
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: | Aggravated assault - Juror misconduct - Sufficiency of evidence |
| Summary of the Facts: | Miguel McCallum was convicted of aggravated assault and was sentenced to twenty years, with fifteen years suspended and five years to serve. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Juror misconduct McCallum submitted affidavits from six of his family members who claimed to have witnessed a juror sleeping during McCallum’s two-day trial. McCallum did not bring this issue to the trial judge’s attention during his trial; instead, he raised this issue for the first time in his motion. In addition, the trial judge was present during the trial and able to observe the jury and did not mention that he saw the juror sleeping during in his order. Issue 2: Sufficiency of evidence There was sufficient evidence to sustain McCallum’s conviction for aggravated assault. McCallum admitted firing a firearm at the victim’s feet, and there is no doubt that a firearm qualifies as a deadly weapon. The victim sought emergency medical care and bullet fragments remain in his feet. Moreover, he positively identified McCallum as the person who shot him, and an eyewitness testified that he witnessed McCallum shoot the victim. |
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