Porter v. State
| Docket Number: | 2009-KA-00657-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-27-2010 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder & Simple assault - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee 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: 05-13-2008 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: CONVICTED OF COUNT I, MURDER, AND SENTENCED AS A HABITUAL OFFENDER TO LIFE WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION, AND COUNT II, SIMPLE ASSAULT, AND SENTENCED TO SIX MONTHS TO RUN CONSECUTIVELY TO THE SENTENCE IN COUNT I, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Brenda Fay Mitchell Case Number: 2008-025-CR2 |
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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: | Robert Porter |
GEORGE T. HOLMES |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE | ||
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 & Simple assault - Sufficiency of evidence |
| Summary of the Facts: | Robert Porter was convicted of murder and simple assault. For the murder conviction, he was sentenced as a habitual offender to life without eligibility for parole or probation. He was sentenced to six months for the simple-assault conviction. He appeals. |
| Summary of Opinion Analysis: | Porter argues that the evidence is insufficient to support the verdict. Porter argues that there was insufficient evidence of murder because he was acting in self-defense. Porter relies on his own testimony to bolster his argument. However, the record contains evidence that contradicted Porter’s version of events. Considering the testimony of eyewitnesses in the light most favorable to the prosecution, the jury could have concluded that Porter did not act in necessary self-defense when he stabbed the victim but did so with deliberate design to kill him. Additionally, a deputy testified that, without any provocation, Porter told him that he intended to kill both the victims. Based on Porter’s various and wildly fluctuating version of events, the jury could have found that he was not credible, and/or he was attempting to be evasive with his responses during cross-examination. With regard to the simple assault conviction, the victim testified that Porter attacked her with a knife immediately after he had stabbed the murder victim in the chest. The jury saw a photograph of the victim’s bleeding left arm taken the night it happened. Thus, the evidence was sufficient to support both convictions. |
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