Saunders v. State
| Docket Number: | 2010-KA-00031-COA Linked Case(s): 2010-KA-00031-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-22-2011 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Murder - Mistrial - Weight of evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Carlton and Maxwell, JJ. Concur in Part, Concur in Result 1: Roberts, J. Without Separate Written Opinion Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-21-2009 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich 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: Jon Mark Weathers Case Number: 08-594CR |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Eddie Lee Saunders |
C. GRANT HEDGEPETH, LESLIE S. LEE, BENJAMIN ALLEN SUBER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE BRELAND WOOD | ||
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 - Mistrial - Weight of evidence |
| Summary of the Facts: | Eddie Saunders was convicted of murder and sentenced as a habitual offender to life without eligibility for probation or parole. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Mistrial Saunders argues that the trial court was in error in denying his motion for mistrial, because testimony which referenced his prior incarceration was substantially and irreparably prejudicial. The trial court must declare a mistrial when there is an error in the proceedings resulting in substantial and irreparable prejudice to the defendant's case. Saunders complains of testimony that was in response to his counsel’s questions. Generally, an appellant cannot complain of damaging testimony if the testimony is in response to his questions. Also, the judge admonished the jury to disregard the comment. It must be presumed that the jury will follow the court's instruction to disregard any inadvertent comments or evidence and to decide the case solely on the evidence presented. Issue 2: Weight of evidence The State provided evidence that: Saunders was in possession of a gun; the bullet that was removed from the victim’s body was fired from Saunders’s gun; Saunders showed up at the house of Richard McBride with a gun, and Saunders told his grandmother and McBride that he had shot someone. Thus, there was sufficient evidence before the jury to return a verdict of guilty. |
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