Anthony v. State
| Docket Number: | 2004-KA-02228-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-15-2006 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder & Aggravated assault - Waiver of rights - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, 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: 09-17-2004 Appealed from: Simpson County Circuit Court Judge: Robert G. Evans Disposition: CONVICTED OF MURDER IN COUNT ONE AND AGGRAVATED ASSAULT IN COUNT TWO AND SENTENCED TO LIFE FOR MURDER AND TWENTY YEARS FOR AGGRAVATED ASSAULT, BOTH SENTENCES TO RUN CONCURRENTLY IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: EDDIE H. BOWEN Case Number: 2003-81-K |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael Anthony |
DANIEL CHRISTOPHER JONES |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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| Topic: | Murder & Aggravated assault - Waiver of rights - Sufficiency of evidence |
| Summary of the Facts: | Michael Anthony was convicted of murder and aggravated assault. He was sentenced to life for the murder conviction and twenty years for the assault conviction, the twenty years to run concurrent to the life sentence. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Waiver of rights Anthony argues that the court erred in allowing his videotaped statement and Miranda warnings into evidence, because he was confused at the time and was a minor. A court’s determination regarding a juvenile’s statement must be manifestly in error or contrary to the overwhelming weight of the evidence in order for reversal. Anthony’s testimony that he did not understand the rights that he was waiving is refuted by his signing of his Miranda waiver, by his grandparents signing of his waiver, and by the testimony of the officer who testified that he informed Anthony of his rights and that Anthony waived those rights freely and voluntarily. Under Mississippi law, Anthony’s age at the time of the statements is not a sufficient basis for exclusion of the statements. Despite being given the opportunity to do so before the introduction of the statements, Anthony produced no evidence or argument against the admissibility of the statements and waivers. Issue 2: Sufficiency of evidence Anthony argues that the elements of aggravated assault were not met because he did not attempt to cause bodily injury to the victim. However, the victim testified that Anthony demanded money from him and then proceeded to shoot him. The victim testified that he did not own any gun, including the gun that Anthony shot him with. Faced with two versions of what happened from two different witnesses, the jury was entitled to believe whichever of the witnesses it found most credible. Sufficient evidence of the elements of aggravated assault was produced from which a reasonable and fairminded jury could find Anthony guilty. |
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