Walton v. State
| Docket Number: | 2006-CT-01065-SCT Linked Case(s): 2006-KA-01065-COA ; 2006-KA-01065-COA ; 2006-CT-01065-SCT ; 2006-CT-01065-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 11-13-2008 Opinion Author: Carlson, J. Holding: Affirmed; The Judgments of the Court of Appeals and the Forrest County Circuit Court are Affirmed. Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. |
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| Additional Case Information: |
Topic: Murder - Harmless error Judge(s) Concurring: Smith, C.J., Waller, P.J., Easley, Dickinson and Randolph, JJ. Non Participating Judge(s): Lamar, J. Dissenting Author : Diaz, P.J., with separate written opinion. Dissent Joined By : Graves, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 08-04-2005 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections. District Attorney: Jon Mark Weathers Case Number: 04-521-CR |
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| Note: | This opinion affirms the Court of Appeals' decision on 11/13/2007. To see the COA opinion, visit: http://www.mssc.state.ms.us/Images/Opinions/CO44626.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DESMOND D. WALTON |
MISSISSIPPI OFFICE OF INDIGENT
APPEALS BY: GEORGE T. HOLMES |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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: | Murder - Harmless error |
| Summary of the Facts: | Desmond Walton was convicted of murder and sentenced to life imprisonment. Walton appealed his conviction and sentence, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Before a constitutional error is determined to be harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt. A harmless-error determination requires an examination of the facts, the trial context of the error, and the prejudice created thereby as juxtaposed against the strength of the evidence of defendant's guilt. Based on the record, it is clear that Walton was not properly advised of his rights under Miranda in the second police interrogation and that the admission of the statements during this interview reached the level of constitutional error. As such, the trial court’s error must be subjected to a harmless error analysis–whether the error was harmless beyond a reasonable doubt upon review of the weight of the evidence. Even without the videotaped statement, based on the overwhelming weight of the evidence of Walton’s guilt as revealed in the record before us, a jury would have found beyond a reasonable doubt that Walton was guilty of the murder. Three of the four co-defendants present on the day of the murder testified that Walton was the shooter. Two of these co-defendants were eyewitnesses to the murder. Walton dismisses the incriminating testimony of these witnesses by virtue of the fact that, as co-defendants, their statements were not credible. The trial judge granted an accomplice jury instruction. Juries are presumed to follow the instructions given to them by the court. Therefore, the jury is presumed to have properly weighed the witnesses’ testimony with great care and caution and to have looked upon it with distrust and suspicion. |
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