Barnes v. State
| Docket Number: | 2008-KA-00684-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 03-04-2010 Opinion Author: Graves, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Embezzlement - Right to counsel - Weight of evidence Judge(s) Concurring: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-11-2008 Appealed from: WARREN COUNTY CIRCUIT COURT Judge: Frank G. Vollor Disposition: Conviction of embezzlement and sentence of ten (10) years in the custody of the Mississippi Department of Corrections. District Attorney: Richard Earl Smith, Jr. Case Number: 07,0096CRV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Carolyn Marie Barnes |
OFFICE OF INDIGENT APPEALS: ERIN ELIZABETH PRIDGEN, TONI DEMETRESSE TERRETT, LESLIE S. LEE |
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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: | Embezzlement - Right to counsel - Weight of evidence |
| Summary of the Facts: | Carolyn Barnes was convicted of embezzlement and sentenced to ten years. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Right to counsel Barnes argues that the trial court should have suppressed her statements because they were taken in violation of her constitutional right to counsel. Once a defendant asks for counsel, he cannot be interrogated further until counsel has been made available, unless the accused himself initiates further communication, exchanges, or conversations with the police. Determining whether a defendant actually invoked his right to counsel is an objective inquiry. A defendant must articulate his desire to have counsel present sufficiently clearly that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney. The record in this case supports a finding that Barnes received the Miranda warning, that she knowingly and intelligently waived the rights, and that she freely and voluntarily made the statements. Barnes failed to make an unambiguous, unequivocal request for an attorney, and the officer had no obligation to stop questioning her. Issue 2: Weight of evidence Barnes argues that the verdict was not supported by the overwhelming weight of the evidence because too much weight was placed on the victim’s testimony which was riddled with inconsistencies and contradictions. The evidence presented at trial established that Barnes was employed by the victim. The evidence also established that the victim entrusted Barnes with $3,000 to deposit into her daughter’s account. Further, Barnes failed to deposit the money, but instead secreted it for her own use. Thus, Barnes has failed to establish that the verdict is contrary to the overwhelming weight of the evidence. |
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