Welch v. State
| Docket Number: | 2009-KA-01064-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-05-2010 Opinion Author: Roberts, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Aggravated assault - Ineffective assistance of counsel - Weight of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-30-2008 Appealed from: Harrison County Circuit Court Judge: Roger T. Clark Disposition: CONVICTED OF COUNTS I-III, AGGRAVATED ASSAULT, AND SENTENCED AS A HABITUAL OFFENDER TO TWENTY YEARS FOR EACH COUNT, WITH THE SENTENCE IN COUNT I TO RUN CONSECUTIVELY TO THE SENTENCES IN COUNTS II AND III, THE SENTENCE IN COUNT II TO RUN CONSECUTIVELY TO THE SENTENCE IN COUNT I AND CONCURRENTLY TO THE SENTENCE IN COUNT III, AND THE SENTENCE IN COUNT III TO RUN CONSECUTIVELY TO THE SENTENCE IN COUNT I AND CONCURRENTLY TO THE SENTENCE IN COUNT II, FOR A TOTAL FOR FORTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Cono A. Caranna, II Case Number: B-2401-2007-00909 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Michael Eugene Welch |
JUSTIN TAYLOR COOK |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY | ||
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: | Aggravated assault - Ineffective assistance of counsel - Weight of evidence |
| Summary of the Facts: | Michael Welch was convicted on three counts of aggravated assault after opening fire from an automobile upon the occupants of an adjacent vehicle. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Welch argues his trial counsel was ineffective because he had failed to request that the trial court instruct the jury regarding the unreliability of accomplice testimony. In order to determine if a trial court abused its discretion in refusing to grant an accomplice jury instruction, it must first be determined that the witness was an accomplice and, second, that the witness’s testimony was uncorroborated. In this case, it is clear that the accomplice’s testimony regarding Welch’s actions on the night of the shooting were far from uncorroborated. Three victims identified Welch from a photographic lineup and at trial as the individual who had shot them. Even assuming that Welch’s trial counsel’s failure to request a jury instruction regarding accomplice testimony was deficient representation, Welch cannot demonstrate that the result of his trial would have been different. Issue 2: Weight of evidence Welch argues that none of the State’s witnesses were able to identify him as the shooter. However, the record is clear that this was not the case. Welch’s co-defendant testified that Welch was the shooter, and this was corroborated by the three victims. Viewing the evidence that supports the verdicts as true, the weight of the evidence against Welch was substantial. |
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