Moffett v. State
| Docket Number: | 2004-KA-02419-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-19-2006 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Closing argument - Cross-examination - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-18-2004 Appealed from: Adams County Circuit Court Judge: Forrest Johnson Disposition: CONVICTED OF MURDER AND SENTENCED AS A HABITUAL OFFENDER TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: RONNIE LEE HARPER Case Number: 04-KR-01160-J |
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| Party Name: | Attorney Name: | |||
| Appellant: | Gregory Darnell Moffett |
EILEEN M. MAHER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOSE BENJAMIN SIMO |
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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 - Closing argument - Cross-examination - Sufficiency of evidence |
| Summary of the Facts: | Gregory Moffett was convicted of murder and sentenced as a habitual offender to life. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Closing argument The trial court granted Moffett's motion in limine to exclude the evidence of several prior charges and convictions but admitted two convictions and one charge of domestic violence to establish motive, intent, and possibly identity under M.R.E. 404(b). During closing argument, Moffett objected to the prosecutor's stating that the prior acts showed Moffett's propensity to commit the crime. The court sustained Moffett’s objection. Moffett argues that the court erred by not instructing the jury from the bench to disregard the propensity argument. Moffett did not request any corrective action from the trial court. Therefore, this issue is waived for appeal. Issue 2: Cross-examination Moffett argues that the prosecutor's questioning of a witness about aliases she had possibly used entitles him to a new trial. Counsel must have a good faith basis for questions asked on cross-examination. According to Moffett's reply brief, the prosecutor had obtained the aliases from the police department. Therefore, the prosecutor had a good faith basis for asking the witness about the aliases. Issue 3: Sufficiency of evidence Moffett argues that the evidence was insufficient to sustain his murder conviction. Viewing the evidence in the light most favorable to the State, there was sufficient evidence to enable a rational jury to find that Moffett formed a deliberate design to kill the victim and that he did kill the victim. Moffett's two convictions and one charge of domestic violence against the victim in the three months prior to her death were admitted into evidence to show Moffett's motive and intent to harm her. Two corrections officers overheard Moffett state his intent to kill the victim after she refused to bail him out of jail upon his third domestic violence arrest. The victim was killed several days after Moffett made this threat. On the night of the victim's death, a witness observed Moffett again threatening to kill the victim. Moffett's phone call in which he told someone not to reveal where he was, his flight to Ferriday, Louisiana, and his suspicious behavior upon apprehension by the police also support this conclusion. |
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