Moore v. State
| Docket Number: | 2009-KA-00063-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-26-2010 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Intimidating a witness - Sufficiency of evidence - Immunity agreement Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts and Carlton, JJ. Concurs in Result Only: Maxwell, 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: 08-19-2008 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: CONVICTED OF INTIMIDATING A WITNESS AND SENTENCED TO FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: ROBERT SHULER SMITH Case Number: 08-0-103 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Paul Moore |
LESLIE S. LEE, BENJAMIN ALLEN SUBER, RANDALL HARRIS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS | ||
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: | Intimidating a witness - Sufficiency of evidence - Immunity agreement |
| Summary of the Facts: | Paul Moore was convicted of intimidating a witness, and he was sentenced to five years. He appeals. |
| Summary of Opinion Analysis: | Moore argues that the trial court erred in denying his motion for a new trial after the State failed to disclose an immunity agreement with a witness. Reversible error results when evidence of an immunity agreement between the State and its key witness is removed from the jury's consideration. However, any error assigned to the lack of production of the immunity agreement between the witness and the State in this case is harmless when considering the overwhelming evidence of Moore’s guilt. Two eyewitnesses testified that Moore had intimidated and threatened the witness to withdraw his statement and affidavit given to the police that implicated Moore’s brother in the murder of a police officer. Thus, the immunity agreement was immaterial to Moore’s defense when considering the overwhelming evidence of Moore’s guilt. Moore also argues that his guilty verdict is against the overwhelming weight of the evidence because the witness unwillingly testified before the court and because he recanted his original statement he had made to the police. While it is true that the witness gave conflicting testimony on the witness stand, it is clear from the record and the two eyewitnesses that Moore did in fact intimidate the witness to change his original statement that he had given to the police. |
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