Leggett v. State


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Docket Number: 2009-KA-01713-COA

Court of Appeals: Opinion Link
Opinion Date: 02-15-2011
Opinion Author: King, C.J.
Holding: Affirmed.

Additional Case Information: Topic: Murder - Sufficiency of evidence
Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 02-20-2009
Appealed from: LINCOLN COUNTY CIRCUIT COURT
Judge: MICHAEL M. TAYLOR
Disposition: CONVICTED OF MURDER AND SENTENCED AS A HABITUAL OFFENDER TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITHOUT ELIGIBILITY FOR PROBATION OR PAROLE
District Attorney: DEE BATES
Case Number: 07-069LT

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Michael D. Leggett




BENJAMIN ALLEN SUBER



 
  • Appellant #1 Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND  

    Synopsis provided by:

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    Topic: Murder - Sufficiency of evidence

    Summary of the Facts: Michael Leggett was convicted of depraved-heart murder and was sentenced as a habitual offender to life without eligibility for probation or parole. He appeals.

    Summary of Opinion Analysis: Leggett argues that the evidence is insufficient to support a murder conviction because the State failed to introduce evidence of premeditation or deliberate design. It is a well established principle of law that the lack of premeditated design is not an essential element of the offense of depraved-heart murder. Leggett also argues the jury verdict is against the overwhelming weight of the evidence, because contradictory testimony presented at trial casts a reasonable doubt as to murder, and during the fatal altercation, he was acting in the heat of passion. The State provided evidence to support a witness’s account of the events. Dr. Stephen Hayne, an expert in pathology, testified that the autopsy revealed numerous injuries, including: lacerations, contusions, three fractures of the skull, and evidence of brain hemorrhaging resulting from the skull fractures. Dr. Hayne’s testimony supported the witness’s testimony that the victim was struck more than once. The determination of witness credibility lies within the sole province of the jury. Also, contrary to Leggett’s assertion, there was no evidence offered which established, or even suggested, that Leggett had reacted and killed the victim in the heat of passion.


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