Green v. State
| Docket Number: | 2006-KA-01984-COA Linked Case(s): 2006-KA-01984-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-29-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Confession - Sufficiency of evidence - Jury instructions Judge(s) Concurring: KING, C.J., MYERS, 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: 11-16-2006 Appealed from: PANOLA COUNTY CIRCUIT COURT Judge: Andrew C. Baker Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: John W. Champion Case Number: CR2005-41-B-(P1) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JOHN ROBERT GREEN A/K/A JOHNNY GREEN |
B. BRENNAN HORAN,
MARK KEVIN HORAN,
K. ELIZABETH DAVIS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD | ||
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 - Confession - Sufficiency of evidence - Jury instructions |
| Summary of the Facts: | John Green was convicted of murder and sentenced to a term of life. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Confession Green argues that the court erred in allowing the jury to hear his taped confession. The prosecution must prove beyond a reasonable doubt that the confession was made voluntarily, and it meets this burden by producing testimony of an officer, or other persons having knowledge of the facts, that the confession was voluntarily made without threats, coercion, or offer of reward. Green argues that his statement was a result of coercion, promises and other inducements made by a deputy. The deputy stated that Green was alert during the interview, was not threatened in any way, was not made any promises of leniency, and was not coerced into confessing. A sergeant testified that Green never asked for an attorney, was not told to claim self-defense, did not ask for bond, did not ask to make a phone call, and was not told to claim that a scratch on his face was obtained in a scuffle. Given this evidence, there was no error with the trial court’s determination. Issue 2: Sufficiency of evidence Green argues that the lack of any physical evidence connecting him to the crime scene and his supposed coerced statements claiming self-defense are sufficient to overturn his conviction. Although the gun was never found by authorities, there was sufficient evidence for the jury to find Green guilty of murder. Green was the victim’s bail bondsman and the victim owed Green money. Green was at the victim’s house the night before the murder and picked him up at 5:30 a.m. on the day of the murder. A neighbor heard three gunshots around 6:00 a.m. and called the authorities, whereupon the victim’s body was discovered. Green drove by the murder scene and knew who the victim was. In his taped confession, Green admitted to shooting the victim with a .40 caliber Smith & Wesson handgun, which he discarded after the shooting. A .40 caliber shell hull was found approximately eleven feet from the victim’s body. Issue 3: Jury instructions Green argues that the court erred in refusing to grant a number of jury instructions. His peremptory instruction was properly refused given that there was sufficient evidence to support the verdict. Because Green did not produce evidence at trial of self-defense, his instruction on manslaughter was properly refused as were his self-defense instructions. |
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