Martin v. State
| Docket Number: | 2008-KA-01460-COA Linked Case(s): 2008-KA-01460-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-09-2010 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Manslaughter - Weathersby rule - Sufficiency of evidence - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-25-2008 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: CONVICTED OF MANSLAUGHTER AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: Alexander C. Martin Case Number: 2008-0107CR |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | BRIAN KEITH MARTIN |
LESLIE S. LEE, PHILLIP BROADHEAD |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
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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: | Manslaughter - Weathersby rule - Sufficiency of evidence - Ineffective assistance of counsel |
| Summary of the Facts: | Brian Martin was convicted of manslaughter. He was sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Weathersby rule Martin argues that the circuit court erred in refusing to order a judgment of acquittal based on the Weathersby rule, because the State failed to present any witnesses who substantially contradicted Martin’s account of the stabbing. The Weathersby rule provides that where the defendant or the defendant's witnesses are the only eyewitnesses to the homicide, their version, if reasonable, must be accepted as true, unless substantially contradicted in material particulars by a credible witness or witnesses for the State, or by the physical facts or by the facts of common knowledge. However, Martin’s allegation that there was not an eyewitness to the stabbing whose account contradicted his own is erroneous. His mother testified that she witnessed the stabbing. Her eyewitness testimony substantially contradicted the testimony given by Martin. Issue 2: Sufficiency of evidence Martin argues that the State did not present legally sufficient evidence to establish Martin’s guilt. To support the element of the manslaughter, that Martin acted without authority of law, the State offered the testimony of Martin’s mother. When viewing her testimony in a light most favorable to the prosecution, Martin acted wholly without authority of law in stabbing the victim in the neck with a kitchen knife. Issue 3: Ineffective assistance of counsel Martin argues that he received ineffective assistance of counsel, because his trial counsel failed to file any post-trial motions requesting a new trial or a judgment notwithstanding the verdict. As there is no merit to Martin’s claim of insufficiency of the evidence or his claim that the weight of the evidence did not support the conviction, Martin cannot show that his attorney’s performance prejudiced his defense. |
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