Kuykendall v. State
| Docket Number: | 2009-KA-01740-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2010 Opinion Author: Roberts, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Murder - Mental examination - Weathersby rule 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: 09-29-2009 Appealed from: QUITMAN COUNTY CIRCUIT COURT Judge: Kenneth L. Thomas Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS Case Number: 2009-0004 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Terrance Kuykendall |
W. DANIEL HINCHCLIFF |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. | ||
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 - Mental examination - Weathersby rule |
| Summary of the Facts: | Terrance Kuykendall was convicted of murder and was sentenced to life. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Mental examination Kuykendall argues that the trial court erred in denying his motions for a mental examination as Kuykendall’s and other witnesses’ testimonies established a valid basis for granting the request. A defendant who is competent to stand trial is one who is able to perceive and understand the nature of the proceedings; who is able to rationally communicate with his attorney about the case; who is able to recall relevant facts; who is able to testify in his own defense if appropriate; and whose ability to satisfy the foregoing criteria is commensurate with the severity of the case. It is clear from the trial court’s examination of Kuykendall that he understood the severity of the consequences with which he was faced. Additionally, there is no evidence that Kuykendall was unable to adequately assist in his defense. In fact, he took the stand and testified in his own defense. Issue 2: Weathersby rule Kuykendall argues that the Weathersby rule applies and that the trial court erred in denying his motion for a directed verdict because he was the only eyewitness to the killing, and his version of events was not substantially contradicted in material particulars. The Weathersby rule is inapplicable to the facts of this case. By his own testimony, Kuykendall was not an eyewitness to the killing. Because he was not an eyewitness to the killing, the Weathersby rule does not apply. Further, the Weathersby rule is only applicable when the defendant’s version of the event is not substantially contradicted by material particulars or by the physical facts or facts in common knowledge. The evidence presented does substantially contradict Kuykendall’s version of the events making the Weathersby rule inapplicable. The lack of gunshot residue on the victim’s hands and the location of the bullet entry on the left side of her head are both inconsistent with a close contact, self-inflicted gunshot wound by a right-handed victim. Kuykendall’s previous death threats against the victim, coupled with his statements of “I killed her” to both his best friend and later to the police, are also inconsistent with his version that she had committed suicide. |
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