Garrett v. State
| Docket Number: | 2004-KA-00775-SCT Linked Case(s): 2004-KA-00775-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 01-05-2006 Opinion Author: Dickinson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Sufficiency of evidence - Circumstantial evidence instructions Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley and Carlson, JJ. Non Participating Judge(s): Diaz, J. Concur in Part, Concur in Result 1: Graves and Randolph, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-12-2004 Appealed from: Perry County Circuit Court Judge: Robert Helfrich Disposition: Garrett was convicted of murder and sentenced to life. District Attorney: Jon Mark Weathers Case Number: 4956 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Regina Darlene Garrett |
THOMAS RICHARD MAYFIELD |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY |
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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 - Sufficiency of evidence - Circumstantial evidence instructions |
| Summary of the Facts: | Regina Garrett was convicted of murder and sentenced to life imprisonment. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Regina argues that because she was the only eyewitness to the homicide and because her version of the event was reasonable and uncontradicted, the judge should have granted her motion for directed verdict. Where a defendant or defendant’s witnesses were the only eyewitnesses to a homicide, their version, if reasonable, must be accepted as true, unless substantially contradicted in material particulars by a credible witness or witnesses for the State, or by physical facts or by the facts of common knowledge. Regina presented no evidence and called no witnesses. Having put on no proof, she therefore presented no version of the homicide. Regina argues that her version of the facts came into evidence through the statements she made to police. However, the Court has never held that an unsworn statement to police may be used for purposes of a Weathersby analysis. Issue 2: Circumstantial evidence instructions Regina argues that the court erred in denying her two circumstantial evidence instructions. The defendant is not entitled to a circumstantial evidence instruction where both circumstantial and direct evidence are admitted at trial. In addition to direct scientific evidence such as fingerprints and DNA, direct evidence has been held to include evidence such as eyewitness testimony, the defendant’s confession to the offense charged, or the defendant’s admission to an important element thereof. Regina admitted three times to having shot her husband, causing his death. This qualifies her as an eyewitness to the homicide. Also, several witnesses testified that, on numerous occasions, Regina discussed her desire to kill her husband and the possibility of hiring someone to kill him for money. Therefore, the court did not err in denying the instructions. |
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