Kazery v. State
| Docket Number: | 2006-KA-00390-COA Linked Case(s): 2006-KA-00390-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-19-2008 Opinion Author: Carlton, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Felony child abuse - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, and Roberts, JJ. Concurs in Result Only: GRIFFIS, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 09-26-2005 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: CONVICTED OF FELONY PHYSICAL ABUSE OF A CHILD AND SENTENCED TO TWENTY (20) YEARS WITH FIFTEEN (15) YEARS SUSPENDED AND FOUR (4) YEARS OF POSTRELEASE SUPERVISION District Attorney: Eleanor Faye Peterson Case Number: 03-0-210TTG |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | OMAR KAZERY A/K/A SAMUEL D. KAZERY |
WILLIAM R. LABARRE,
VIRGINIA LYNN WATKINS,
BRENDA JACKSON PATTERSON |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS | ||
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: | Felony child abuse - Sufficiency of evidence |
| Summary of the Facts: | Omar Kazery was convicted of felony child abuse. He was sentenced to twenty years, with fifteen years suspended and four years of post-release supervision. He appeals. |
| Summary of Opinion Analysis: | Kazery argues that the evidence was insufficient to prove that he was the one who inflicted the injuries upon the victim. There was sufficient evidence to establish that Kazery was the attacker. Kazery was in the trailer at all times during which the abuse might have happened. There was evidence that he encountered the victim in the bathroom shortly before her injuries were discovered. Most significantly, the victim identified Kazery as her attacker during two interviews and again while testifying at trial. Considering the evidence in the light most favorable to that verdict, allowing the verdict to stand would not sanction an unconscionable injustice. |
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