Curry v. State
Docket Number: | 2004-KA-01868-SCT Linked Case(s): 2004-KA-01868-SCT |
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Supreme Court: | Opinion Link Opinion Date: 08-17-2006 Opinion Author: Cobb, P.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Aggravated assault - Discovery violation - Prosecutorial misconduct - Sufficiency of evidence Judge(s) Concurring: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Graves, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 06-18-2004 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: Curry was found guilty on the charge of aggravated assault. He was sentenced to serve twenty years in the custody of the Mississippi Department of Corrections. District Attorney: Laurence Y. Mellen Case Number: 2002-084-CR2 |
Party Name: | Attorney Name: | |||
Appellant: | Anderson Curry a/k/a Anderson Curry, II |
JOHNNIE E. WALLS, JR. |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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. |
Topic: | Aggravated assault - Discovery violation - Prosecutorial misconduct - Sufficiency of evidence |
Summary of the Facts: | Anderson Curry was convicted of aggravated assault and sentenced to twenty years. He appeals. |
Summary of Opinion Analysis: | Issue 1: Discovery violation Curry argues that the State’s failure to disclose a September 18, 2003, DNA report until the first day of trial on June 7, 2004, was prejudicial. Because the information in the report was duplicative, there is no reversible error. In addition, Curry failed to show he was prejudiced. Issue 2: Prosecutorial misconduct Curry argues that a statement made by the prosecutor in closing argument was legally incorrect and contradicted a jury instruction. Although the prosecutor’s statement was inartfully worded, it was not reversible error. Even if the prosecutor’s statement was incorrect, the jury was fully informed of the requirement regarding identification since Curry’s attorney clearly addressed this issue. In addition, the law presumes the jurors follow the instructions they are given. Issue 3: Sufficiency of evidence Curry argues that the jury’s finding that he was not guilty of burglary and kidnaping, while finding him guilty of aggravated assault, is illogical and inconsistent. Certain elements necessary to prove the crime of burglary or the crime of kidnaping are clearly different than those necessary to prove the crime of aggravated assault. Curry’s fingerprints were found on the juice bottle at the scene of the crime. After being stabbed, the victim had asked for a drink of the juice and Curry had provided it. The victim said she had not seen Curry before but his prints were found on the juice bottle in her apartment. This evidence is sufficient to sustain the verdict. |
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