Cosby v. State
| Docket Number: | 2009-KA-01300-COA Linked Case(s): 2009-KA-01300-COA ; 2009-CT-01300-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-07-2010 Opinion Author: Barnes, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Murder - Jurisdiction - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Carlton and Maxwell, JJ. Concurs in Result Only: Roberts, J., concurs in result only without separate written opinion. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-04-2009 Appealed from: PANOLA COUNTY CIRCUIT COURT Judge: Andrew C. Baker Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: John W. Champion Case Number: CR 2008-207 BP2 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Dennis Cosby |
DAVID L. WALKER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS | ||
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 - Jurisdiction - Sufficiency of evidence |
| Summary of the Facts: | Dennis Cosby was convicted of murder and sentenced to life. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Jurisdiction Cosby argues that the victim’s death occurred in the First Judicial District of Tallahatchie County, Mississippi; therefore, the Panola County Circuit Court of the Second Judicial District had no jurisdiction to consider the case, and the judgment should be dismissed. When two crimes have occurred as one continual event in whole or in part in different counties, jurisdiction is proper in the county in which prosecution is first begun. If there exists sufficient evidence that a portion of the crime occurred in the county where the trial is being held, then the evidence of venue is sufficient. In his second interview, Cosby confessed that he hit the victim, rendering her unconscious, at their home in Panola County, and that he took the victim across the county line and dumped her into the river. This series of actions constituted a continuous event, and the evidence was sufficient to establish that the crime originated in Panola County. Issue 2: Sufficiency of evidence Cosby argues that his second interview showed he was acting in self-defense when he struck the victim on the head. He also argues that the State could not prove where or when the victim died and that the State failed to prove that he had any intent to murder the victim. The State merely had to provide credible evidence that the victim was killed and that Cosby possessed a deliberate design to cause her death without the authority of law. At trial, the forensics expert testified the cause of the victim’s death was a stab wound to the chest. Admittedly, there was no evidence that Cosby stabbed the victim; however, there was credible evidence Cosby took deliberate action to effectuate her death. Cosby’s claim that he had no intent is merely another example of the numerous inconsistent statements issued by Cosby regarding the events. During the same interview where he admitted throwing the victim into the river, he also made obvious contradictory statements. The jury, as the fact-finder, was able to consider Cosby’s contradictory statements, which cast doubt on the credibility of his testimony regarding intent. As to Cosby’s claim that he acted in self-defense, Cosby’s throwing the victim’s unconscious body from the bridge was not in any way a response to an actual or perceived threat from her. Consequently, there is no merit to Cosby’s claim of self-defense. |
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