Wilkins v. State


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Docket Number: 2009-KA-00253-COA

Court of Appeals: Opinion Link
Opinion Date: 05-18-2010
Opinion Author: Barnes, J.
Holding: Affirmed

Additional Case Information: Topic: Aggravated assault, Murder, Felon in possession of firearm & Shooting into occupied dwelling - Weight of evidence
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Maxwell, JJ.
Non Participating Judge(s): Carlton, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 01-22-2009
Appealed from: Coahoma County Circuit Court
Judge: Charles E. Webster
Disposition: CONVICTED OF COUNT I, AGGRAVATED ASSAULT, AND SENTENCED TO TWENTY YEARS; COUNT III, MURDER, AND SENTENCED TO LIFE; COUNT IV, FELON IN POSSESSION OF A FIREARM, AND SENTENCED TO FIVE YEARS; AND COUNT V, SHOOTING INTO AN OCCUPIED DWELLING, AND SENTENCED TO TEN YEARS, WITH THE SENTENCES IN COUNTS I, III, AND IV TO RUN CONSECUTIVELY, AND WITH THE SENTENCE IN COUNT V TO RUN CONCURRENTLY WITH THE SENTENCES IN COUNTS I, III, AND IV, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AS A HABITUAL OFFENDER WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION
District Attorney: Brenda Fay Mitchell
Case Number: 2008-0022

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: Demarco Wilkins a/k/a Rambo




LESLIE S. LEE, HUNTER NOLAN AIKENS



 
  • Appellant #1 Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER  

    Synopsis provided by:

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    Topic: Aggravated assault, Murder, Felon in possession of firearm & Shooting into occupied dwelling - Weight of evidence

    Summary of the Facts: DeMarco Wilkins was convicted of aggravated assault, murder, felon in possession of a firearm, and shooting into an occupied dwelling. Wilkins appeals.

    Summary of Opinion Analysis: Wilkins argues that the evidence presented was weak and contradicted, because no gun was recovered linking him to the crime and he presented alibi testimony as to both shootings. It is the responsibility of the jury to weigh testimony and to determine its credibility. The jury obviously found some of the testimonies of witnesses more credible and reasonable than testimony by other witnesses. Wilkins’s guilty verdicts are not so contrary to the evidence as to constitute an unconscionable injustice. Furthermore, the evidence does not weigh heavily against the jury’s verdicts.


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