Wilson v. State
| Docket Number: | 2004-KA-01141-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 08-17-2006 Opinion Author: Cobb, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder & Aggravated assault - Suppression of confessions - Deliberate design instruction - Sufficiency of evidence - Two-theory instruction Judge(s) Concurring: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-18-2004 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: Kenneth J. Wilson, Jr., was convicted in the Jones County Circuit Court, Second Judicial District, of murder and aggravated assault and sentenced to life plus twenty years under the supervision of the Mississippi Department of Corrections. District Attorney: Anthony J. Buckley Case Number: 2004-6-KR2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kenneth J. Wilson, Jr. |
LESLIE D. ROUSSELL |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. DANIEL HINCHCLIFF |
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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: | Murder & Aggravated assault - Suppression of confessions - Deliberate design instruction - Sufficiency of evidence - Two-theory instruction |
| Summary of the Facts: | Kenneth Wilson, Jr., was convicted of murder and aggravated assault and sentenced to life plus twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Suppression of confessions Wilson argues that his confessions to the police were involuntary and were conducted without proper Miranda warnings. A confession is voluntary when, considering the totality of the circumstances, the statement is made as the result of the accused’s free and rational choice. The video of Wilson’s confessions show that they were made of his own free will and without inducement by the police. Although Wilson argues that the court erred in failing to conduct a hearing to determine the voluntariness of the confessions, he failed to name specific officers who coerced him or to cite specific examples of coercion. Therefore, the hearings conducted by the trial court were sufficient. Wilson also argues that he was subjected to custodial interrogation without proper Miranda warnings. However, the police did not question Wilson until after he was given his Miranda warnings. Issue 2: Deliberate design instruction Wilson argues that the court erred by failing to instruct the jury about the meaning of deliberate design. Wilson did not present the instruction to the court and is barred from appealing this issue. In addition, a court is not required to sua sponte instruct the jury. Issue 3: Sufficiency of evidence Wilson argues that there was no evidence presented to justify a finding that he was fully aware of his actions and their consequences in killing the victim. He also argues that he could only be guilty of simple assault and not aggravated assault. The evidence shows that the police were called to interrupt two domestic disputes previous to the final attack. In the final attack, Wilson broke the door and beat the victim in the face until she was knocked to the floor. He then grabbed a knife and repeatedly stabbed the victim. This evidence points to a considered plan, deliberately executed. With regard to his simple assault argument, the large kitchen knife Wilson used to stab the two victims was a deadly weapon, and Wilson’s attack caused a great risk of death. Issue 4: Two-theory instruction Wilson argues that the court erred in refusing to give his two-theory jury instruction. Two-theory instructions should only be given in cases based entirely on circumstantial evidence. This is not a circumstantial evidence case since there were several eyewitnesses and Wilson confessed to the crime. |
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