Glenn v. State
Docket Number: | 2008-KA-01551-COA Linked Case(s): 2008-KA-01551-COA ; 2008-CT-01551-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 01-05-2010 Opinion Author: Roberts, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Murder - Jury instruction - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Carlton and Maxwell, JJ. Non Participating Judge(s): Myers, P.J., and Ishee, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 08-15-2008 Appealed from: Jackson County Circuit Court Judge: Robert P. Krebs Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Anthony N. Lawrence, III Case Number: 2007-10,757(1) |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | KARRIE LINNETTE GLENN |
GEORGE S. SHADDOCK |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER, STEPHANIE BRELAND WOOD |
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Appellee #2: |
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. |
Topic: | Murder - Jury instruction - Sufficiency of evidence |
Summary of the Facts: | Karrie Glenn was convicted of murder as an accessory-before-the-fact. She was sentenced to life. She appeals. |
Summary of Opinion Analysis: | Issue 1: Jury instruction Karrie argues that the circuit court erred by refusing one of her proffered jury instructions, because no other jury instruction properly defined reasonable doubt. However, it is a long-standing rule that defining reasonable doubt for the jury is improper. Aside from defining or elaborating on the concept of reasonable doubt, the proffered jury instruction included language that has been described as a “two-theory” charge. It is only in cases consisting entirely of circumstantial evidence that an instruction must be given which requires the jury to resolve, in favor of the accused, doubt over circumstances susceptible of two interpretations. In this case, there was direct evidence of Karrie’s guilt. Issue 2: Sufficiency of evidence The testimony of the co-defendant unquestionably contained sufficient evidence that Karrie encouraged him to kill her husband, and he was not the only witness who implicated Karrie. Based on the evidence that was presented at Karrie’s trial, reasonable, fair-minded jurors certainly could have found Karrie guilty of murder. |
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