Mills v. City of Water Valley
| Docket Number: | 2010-KM-00263-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-14-2011 Opinion Author: Roberts, J. Holding: Reversed and rendered |
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| Additional Case Information: |
Topic: Simple assault domestic violence - Sufficiency of evidence - Circumstantial evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Ishee and Maxwell, JJ. Non Participating Judge(s): Russell, J. Dissenting Author : Carlton, J. Dissent Joined By : Myers and Barnes, JJ. Nature of the Case: CRIMINAL - MISDEMEANOR |
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| Trial Court: |
Date of Trial Judgment: 10-16-2009 Appealed from: YALOBUSHA COUNTY CIRCUIT COURT Judge: James McClure, III Disposition: CONVICTED OF SIMPLE ASSAULT DOMESTIC VIOLENCE AND ORDERED TO PAY A $300 FINE AND COMPLETE AN ANGER MANAGEMENT PROGRAM WITHIN SIX MONTHS District Attorney: Daniel M. Martin Case Number: CR2009-40-MY2 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Debbie Mills |
TOMMY W. DEFER |
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| Appellee: | City of Water Valley, Mississippi | DANIEL M. MARTIN | ||
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: | Simple assault domestic violence - Sufficiency of evidence - Circumstantial evidence |
| Summary of the Facts: | In the Water Valley Municipal Court, Debbie Mills was convicted of simple assault domestic violence for causing physical bodily injury to her then boyfriend, by biting him and striking him with a closed fist. Mills appealed to the Yalobusha County Circuit Court, which also found her guilty. She appeals. |
| Summary of Opinion Analysis: | Mills argues that the evidence presented at trial was not legally sufficient to support a conviction of simple assault domestic violence. When the prosecution’s case rests on circumstantial evidence, the evidence must be sufficient to prove guilt beyond a reasonable doubt, and to the exclusion of every reasonable hypothesis consistent with innocence. The City acknowledges this is a totally circumstantial-evidence case since there is no eyewitness testimony to the gravamen of the offense, i.e., the striking of the victim with closed fist or biting him on several locations of his body. The City’s case was based solely on the testimony of the two officers who responded to the scene after an apparent physical altercation had occurred. Neither witness saw Mills strike anyone with a closed fist nor bite anyone. Later, the city clerk issued Mills a protective order against the victim after the incident. The victim did not testify as to how he had received his injuries; in fact, he was not present at the trial even after being subpoenaed. Objections to what the victim told the officers at the scene were sustained. Mills did not confess to committing the assault, nor was there any eyewitness testimony as to the incident or how any of the injuries had occurred. Further, there are other reasonable hypotheses consistent with Mills’ innocence as to how the incident that night occurred. Thus, the City failed to carry its burden. |
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