Wilkins v. State
Docket Number: | 2009-KA-00253-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 05-18-2010 Opinion Author: Barnes, J. Holding: Affirmed |
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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 |
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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 |
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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: | Demarco Wilkins a/k/a Rambo |
LESLIE S. LEE, HUNTER NOLAN AIKENS |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
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. |
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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