Weatherspoon v. State
| Docket Number: | 2010-KA-00221-SCT Linked Case(s): 2010-KA-00221-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 01-20-2011 Opinion Author: Carlson, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Aggravated assault & Murder - Weight of evidence Judge(s) Concurring: Waller, C.J., Graves, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-15-2008 Appealed from: Bolivar County Circuit Court Judge: Albert B. Smith, III Disposition: The jury convicted Jennifer Weatherspoon of aggravated assault and murder. Weatherspoon was sentenced to twenty years for the aggravated-assault conviction and life imprisonment for the murder conviction. District Attorney: Laurence Y. Mellen Case Number: 2006-065-CR2 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jennifer Weatherspoon |
OFFICE OF INDIGENT APPEALS: ERIN ELIZABETH PRIDGEN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE | ||
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 & Murder - Weight of evidence |
| Summary of the Facts: | Jennifer Weatherspoon was convicted of aggravated assault and murder. Weatherspoon was sentenced to serve consecutive sentences of twenty years for the aggravated-assault conviction and life imprisonment for the murder conviction. She appeals. |
| Summary of Opinion Analysis: | Weatherspoon argues that the verdict of guilty as to murder was against the overwhelming weight of the evidence, because it is based on “extremely weak and tenuous evidence” in light of the totality of the circumstances. However, ample evidence exists to show that Weatherspoon deliberately murdered the victim. The testimony identifying Weatherspoon as the shooter and her statements support the verdict. The record is not inconsistent with the State’s theory that Weatherspoon shot a revolver. She described the weapon as being a revolver. Officers found no .22 or .25 shell casings. The testimony at trial estimated the shots to be anywhere from three to seven in number; much of the testimony revealed that there were no more than six shots, which is consistent with the bullet capacity of a revolver. Finally, witnesses testified that the shots sounded as if they had come from the same direction. |
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