Kirkwood v. State
| Docket Number: | 2008-CT-01349-SCT Linked Case(s): 2008-KA-01349-COA ; 2008-KA-01349-COA ; 2008-CT-01349-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 01-20-2011 Opinion Author: Kitchens, J. Holding: Affirmed in part, reversed and remanded in part. |
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| Additional Case Information: |
Topic: Burglary of dwelling, Grand larceny, Felony fleeing, & Possession of firearm by convicted felon - Circumstantial evidence instruction Judge(s) Concurring: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-29-2008 Appealed from: Coahoma County Circuit Court Judge: Charles E. Webster Disposition: Thurman Kirkwood was found guilty by a Coahoma County jury of burglary of a dwelling, grand larceny, felony fleeing, and possession of a firearm by a convicted felon. On appeal, the Court of Appeals affirmed. District Attorney: Laurence Y. Mellen Case Number: 2007-0105 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Thurman Kirkwood a/k/a Mickey |
ALLAN D. SHACKELFORD, OFFICE OF INDIGENT APPEALS: JUSTIN TAYLOR COOK, LESLIE S. LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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: | Burglary of dwelling, Grand larceny, Felony fleeing, & Possession of firearm by convicted felon - Circumstantial evidence instruction |
| Summary of the Facts: | Thurman Kirkwood was found guilty of burglary of a dwelling, grand larceny, felony fleeing, and possession of a firearm by a convicted felon. He was sentenced as a habitual offender to the maximum imprisonment on each charge. He appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Where all the evidence tending to prove the guilt of the defendant is circumstantial, the trial court must grant a jury instruction that every reasonable hypothesis other than that of guilt must be excluded in order to convict. Circumstantial evidence is evidence which, without going directly to prove the existence of a fact, gives rise to a logical inference that such a fact does exist. The Court of Appeals found that there was direct evidence of burglary of a dwelling and grand larceny based on Kirkwood’s testimony, a witness’s testimony that he had seen Kirkwood driving the van, and the evidence that the victim’s stolen property was found inside the van. However, nothing in Kirkwood’s testimony amounted to an admission of guilt to an essential element of the house burglary and grand larceny charges, and the State did not produce any eyewitness to either of those crimes. Without any direct evidence of either crime, Kirkwood was entitled to a circumstantial evidence instruction, and the trial court erred by refusing to instruct the jury properly. |
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