McBeath v. State
| Docket Number: | 2008-KP-00754-COA Linked Case(s): 2008-KP-00754-COA ; 2008-CT-00754-SCT ; 2008-CT-00754-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2010 Opinion Author: Ishee, J. Holding: Affirmed in part, vacated and remanded in part. |
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| Additional Case Information: |
Topic: Murder & Kidnapping - Ineffective assistance of counsel - Sentence - Section 97-3-53 - Expert testimony - Sufficiency of evidence - Double jeopardy - Manslaughter instruction Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Myers, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-15-2008 Appealed from: SCOTT COUNTY CIRCUIT COURT Judge: Marcus D. Gordon Disposition: CONVICTED OF SIMPLE MURDER AND SENTENCED TO LIFE, AND KIDNAPPING AND SENTENCED TO FORTY YEARS, WITH THE SENTENCES TO RUN CONSECUTIVELY, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: MARK SHELDON DUNCAN Case Number: 2007-CR-092-SC-G |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Craig Lashoun McBeath |
PRO SE |
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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: | Murder & Kidnapping - Ineffective assistance of counsel - Sentence - Section 97-3-53 - Expert testimony - Sufficiency of evidence - Double jeopardy - Manslaughter instruction |
| Summary of the Facts: | Craig McBeath was convicted of simple murder and kidnapping. McBeath was sentenced to life for the murder and to forty years for the kidnapping. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel McBeath argues that his attorney rendered constitutionally ineffective assistance of counsel. McBeath’s challenge rests upon an allegation that his trial counsel failed to perform an adequate pretrial investigation. He claims there were witnesses available to his trial counsel for investigation and that these witnesses could have verified his defense. Complaints of ineffective assistance of counsel, because an attorney failed to make pretrial investigation and to spend more time with client, are insufficient as a matter of law. Issue 2: Kidnapping sentence McBeath argues that the trial court imposed a sentence that exceeded the statutory maximum penalty for kidnapping. Section 97-3-53 states that if the jury fails to set the penalty as imprisonment for life, then the court shall fix the penalty at neither less than one year nor more than thirty years. The jury did not impose a life sentence. Therefore, the statute permitted the trial court to impose a sentence of neither less than one year nor more than thirty years. The trial court imposed a sentence of forty years, which exceeded the statutory maximum. McBeath should be resentenced in accordance with section 97-3-53 on his kidnapping conviction only. Issue 3: Expert testimony McBeath argues that his convictions should be reversed because Dr. Hayne testified outside the scope of his expertise. A review of the record reveals McBeath never challenged or objected to the content of Dr. Hayne’s testimony. Because he did not object to the testimony, McBeath’s argument fails. Issue 4: Sufficiency of evidence Considering the evidence in the light most favorable to the State, a rational trier of fact could have found beyond a reasonable doubt that McBeath committed the essential elements of murder and kidnapping. In regard to the murder, the jury heard McBeath’s confession of putting the victim in a headlock and choking him. Further, at McBeath's request, McBeath’s cohort/accomplice found a plastic garbage bag and duct tape. McBeath placed the bag around the victim’s face, and his accomplice taped the bag around the victim’s head. Dr. Hayne testified that the causes of the victim's death were two-fold: strangulation and suffocation, and he said that the suffocation was the “terminal event” that caused the death. Accordingly, there was sufficient evidence for the jury to convict McBeath of murder and kidnapping. Issue 5: Double jeopardy McBeath argues that the Double Jeopardy Clause barred his prosecution for murder and kidnapping. The crimes of capital murder and kidnapping each require proof of an element not necessary to the other. Thus, this issue is without merit. Issue 6: Manslaughter instruction McBeath argues that the trial court erred in failing to give an instruction on manslaughter by culpable negligence. However, McBeath never requested such an instruction. It is well established that error cannot be predicated on failure of the court to give instructions not requested. Further, McBeath has failed to offer any evidence justifying an instruction for manslaughter by culpable negligence. |
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