Graves v. State
| Docket Number: | 2006-KM-01432-COA Linked Case(s): 2006-KM-01432-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-05-2008 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Simple assault - Extraneous influence on jury - Sufficiency of evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 08-18-2006 Appealed from: Amite County Circuit Court Judge: Forrest Johnson Disposition: CONVICTED OF SIMPLE ASSAULT AND SENTENCED TO A TERM OF SIX MONTHS IN THE AMITE COUNTY JAIL WITH ONE MONTH TO SERVE, FIVE MONTHS SUSPENDED AND FIVE YEARS NONREPORTING MISDEMEANOR PROBATION, AND PAY $330.18 IN RESTITUTION. District Attorney: Ronnie Lee Harper Case Number: 06-KR-010 |
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| Party Name: | Attorney Name: | |||
| Appellant: | GREGORY GRAVES |
GARY L. HONEA |
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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: | Simple assault - Extraneous influence on jury - Sufficiency of evidence |
| Summary of the Facts: | Gregory Graves was convicted of simple assault. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Extraneous influence on jury Graves argues that he did not have an opportunity to inquire fully into the scope of the alleged extraneous influence on the jury; thus, the verdict was compromised. He also argues that it was error for the court not to poll the jurors individually as to their verdict. In Mississippi, it is well settled that a mistrial is reserved for those instances where the trial court cannot take any action which would correct improper occurrences inside or outside the courtroom. Contrary to Graves’ assertion, the jury was individually polled, and the court received an affirmative response from each of the twelve jurors that the verdict was “guilty” as to willful trespass and simple assault. During deliberations, while a juror had passed a note to the bailiff asking the definition of trespass, the parties agreed that the judge should instruct the jury to rely on the instructions already given. After deliberations, the bailiff explained the alleged extraneous information was not a telephone call, as defense counsel had stated, but a juror’s reading the definition of trespass from a book, which was presumably in the jury room. The judge questioned the jury foreperson and received no affirmative response that there in fact had been any extraneous influence on the jurors. The trial judge adequately explored whether the jury received extraneous information and took appropriate precautionary measures by dismissing the conviction of willful trespass. Issue 2: Sufficiency of evidence Graves argues that the evidence presented at trial was legally insufficient to prove beyond a reasonable doubt that a simple assault occurred. Graves claims the evidence points more towards an accident. There was sufficient evidence presented to prove the elements of simple assault beyond a reasonable doubt. Although testimony conflicts about the details of the altercation, it is the province of the jury to decide which witnesses are credible. Graves admitted he grabbed the victim’s shirt, even though it was allegedly to prevent him from going to get his gun. The end result of the scuffle was the victim’s broken leg. |
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