Stewart v. State
Docket Number: | 2010-KA-00309-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 03-22-2011 Opinion Author: Barnes, J. Holding: Affirmed. |
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Additional Case Information: |
Topic: Attempted escape by force or violence - Weight of evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Jury Trial; JNOV Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 02-01-2010 Appealed from: Coahoma County Circuit Court Judge: Al Smith Disposition: Convicted of attempted escape by force or violence and sentenced to five years in the custody of the Mississippi Department of Corrections as a habitual offender without eligibility for parole or probation District Attorney: Brenda Fay Mitchell Case Number: 2009-0004 |
Party Name: | Attorney Name: | |||
Appellant: | Michael Stewart |
BENJAMIN ALLEN SUBER |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
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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: | Attempted escape by force or violence - Weight of evidence |
Summary of the Facts: | Michael Stewart was convicted of attempted escape by force or violence and sentenced to five years as a habitual offender without eligibility for parole or probation. He appeals. |
Summary of Opinion Analysis: | Stewart argues that the overwhelming weight of the evidence did not support the guilty verdict, because there was no evidence of “force” presented at trial. The investigator testified that someone had tampered with the air-conditioning unit on the roof above where Stewart’s cell was located. The photographs of the unit that were entered into evidence corroborated this testimony, showing that a door was off the unit and that the filter and insulation from the pipes had been ripped and torn. There was also a clean-looking, white pair of boxer shorts lying near the unit. The evidence and testimony presented at trial sufficiently refutes Stewart’s contention. The investigator noted at trial that the only way to escape by that method was either to climb over two fences or have a key to open the gate to gain access. Another witness also testified that no outside doors had been opened, a fact she could determine from her position in the control room. It is the function of the jury to weigh the evidence, evaluate witness credibility, and determine which witnesses are to be believed. |
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