Camper v. State
| Docket Number: | 2008-KA-01865-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-05-2010 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Peremptory challenges - Weight of evidence 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 |
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| Trial Court: |
Date of Trial Judgment: 10-17-2008 Appealed from: SIMPSON COUNTY CIRCUIT COURT Judge: Robert G. Evans Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO EIGHT YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Eddie H. Bowen Case Number: 2007-34-K |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ANDRETTI CAMPER A/K/A DRE |
LESLIE S. LEE, HUNTER NOLAN AIKENS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY | ||
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: | Aggravated assault - Peremptory challenges - Weight of evidence |
| Summary of the Facts: | Andretti Camper was convicted of aggravated assault and sentenced to eight years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Peremptory challenges Camper argues that the trial court erred in accepting the State’s race-neutral reasons for the peremptory strikes of three African American prospective jurors. The prosecution’s race-neutral reason for the first juror was his disinterest in the proceedings and his living situation. Living in a high-crime area has been accepted by the Mississippi Supreme Court as a race-neutral reason for the exercise of a peremptory strike. The prosecution’s reason for excluding the second juror was that she “look[ed] disinterested[,] and she had her hands crossed during the voir dire procedure.” Body language has also been accepted by the Mississippi Supreme Court as a race-neutral reason for the exercise of a peremptory strike. The prosecution stated that the third juror wasn’t paying attention. Inattentiveness is an acceptable race-neutral reason for striking a prospective juror. Camper has not met his burden of proving purposeful discrimination by the State in its use of peremptory strikes. Issue 2: Weight of evidence Camper argues that the verdict is against the overwhelming weight of the evidence. He attacks the testimony of a couple of witnesses. However, the jury is the sole judge of witnesses’ credibility. The State’s proof met the elements of aggravated assault. Viewed in the light most favorable to the jury’s verdict, the record reflects that the verdict is not against the overwhelming weight of this evidence. |
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