Dougalewicz v. State
| Docket Number: | 2009-KA-00533-COA Linked Case(s): 2009-KA-00533-COA ; 2009-CT-00533-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-20-2010 Opinion Author: Myers, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Murder - Confession - Weathersby rule - Weight of evidence Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-08-2006 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: CONVICTED OF MURDER AND SENTENCED AS A HABITUAL OFFENDER TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION District Attorney: Robert Shuler Smith Case Number: 04-0-738 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Leonard Dougalewicz |
THOMAS W. POWELL |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND | ||
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 - Confession - Weathersby rule - Weight of evidence |
| Summary of the Facts: | Leonard Dougalewicz was convicted of murder and sentenced as a habitual offender to serve a term of life. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Confession Dougalewicz argues that his second statement was not voluntary, because he was coerced or induced to give an incriminating statement by an apparent offer from the interviewing detective to reduce the charges against him from capital murder to murder. The State’s burden of proving beyond a reasonable doubt that the defendant’s confession was voluntarily given is met and a prima facie case established when an officer involved in the interview testifies that the confession was voluntarily made without threats, coercion, or offers of reward. In this case, the detective’s testimony at the suppression hearing met this prima facie burden. Dougalewicz argues that the circumstances of the interview suggested an implied police promise to reduce the charges, but the detective specifically denied that any offer, express or implied, existed to reduce the charges. Moreover, Dougalewicz was initially charged with capital murder, and nothing in the record suggests that this charge was unwarranted. Issue 2: Weathersby rule Dougalewicz argues that he was entitled to a directed verdict based on the Weathersby rule. 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. This argument is without merit because Dougalewicz did not testify at trial and did not offer eyewitness testimony. Moreover, Weathersby has no application where the accused initially denies the act. Issue 3: Weight of evidence Dougalewicz argues that the jury’s verdict is against the overwhelming weight of the evidence. The jury’s verdict is not against the overwhelming weight of the evidence, nor was manslaughter the only verdict a reasonable jury could have reached. Dougalewicz initially denied any involvement in the killing, and his second statement’s version of the events was contradicted by physical evidence and witness testimony. A witness testified that Dougalewicz had stated his intention to rob the victim prior to the killing. Dougalewicz did call the witness’s credibility into question, but only to the extent that it created a factual question for the jury. |
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