Gore v. State


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Docket Number: 2008-KA-01977-COA
Linked Case(s): 2008-KA-01977-COA ; 2008-CT-01977-SCT ; 2008-CT-01977-SCT
Court of Appeals: Opinion Link
Opinion Date: 12-01-2009
Opinion Author: ROBERTS, J.
Holding: AFFIRMED
Additional Case Information: Topic: Murder - Lesser included offense instruction - Circumstantial evidence instruction
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, CARLTON AND MAXWELL, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY
Trial Court: Date of Trial Judgment: 10-06-2008
Appealed from: SCOTT COUNTY CIRCUIT COURT
Judge: Marcus D. Gordon
Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
District Attorney: Mark Sheldon Duncan
Case Number: 08-CR-050-SC-G
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: RAY THOMAS GORE




 EDMUND J. PHILLIPS, JR.



  
  • Appellant #1 Brief
    		•
    Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: LISA LYNN BLOUNT  
    Synopsis provided by:

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    Topic: Murder - Lesser included offense instruction - Circumstantial evidence instruction
    Summary of the Facts: Ray Gore was convicted of murder and sentenced to life. He appeals.
    Summary of Opinion Analysis: Issue 1: Lesser included offense instruction Gore argues the circuit court erred when it denied the prosecution’s proffered lesser included offense instruction for manslaughter. A lesser-included-offense instruction should be granted if, in view of the evidence, a reasonable juror could find the defendant not guilty of the principal offense charged in the indictment yet guilty of the lesser-included offense. However, the defendant must request an instruction on a lesser-included offense. This issue is barred since it was the prosecution, not Gore, who requested the instruction. Issue 2: Circumstantial evidence instruction Gore claims the circuit court erred when it refused his circumstantial evidence jury instruction. A circumstantial-evidence instruction should be given only when the prosecution can produce neither eyewitnesses nor a confession to the offense charged. By admitting that he had killed the victim, Gore admitted that he committed a significant element of murder. Thus, there was no error in the circuit court’s refusal to give Gore’s proffered circumstantial-evidence instruction.


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