Herring v. State
| Docket Number: | 2004-KA-02318-COA Linked Case(s): 2004-CT-02318-SCT ; 2004-KA-02318-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-31-2006 Opinion Author: Griffis, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Conspiracy to commit armed robbery & Robbery with deadly weapon - Admissibility of testimony - M.R.E. 701(a) - Weight of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes and Ishee, JJ. Non Participating Judge(s): Southwick and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-25-2004 Appealed from: Tate County Circuit Court Judge: Ann H. Lamar Disposition: CONVICTED OF COUNT ONE, CONSPIRACY TO COMMIT ARMED ROBBERY AND SENTENCED TO SERVE FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS; CONVICTED OF COUNT TWO, ROBBERY WITH A DEADLY WEAPON AND SENTENCED TO TWENTY YEARS, TEN SUSPENDED, IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. SENTENCES TO RUN CONCURRENTLY District Attorney: John W. Champion Case Number: CR2003-160-LT |
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| Party Name: | Attorney Name: | |||
| Appellant: | John B. Herring |
DAVID L. WALKER |
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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: | Conspiracy to commit armed robbery & Robbery with deadly weapon - Admissibility of testimony - M.R.E. 701(a) - Weight of evidence |
| Summary of the Facts: | John Herring was convicted of conspiracy to commit armed robbery and was sentenced to five years. He was also convicted of robbery with a deadly weapon and sentenced to twenty years, with ten suspended. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Admissibility of testimony Herring argues that the court erred by admitting the testimony of Randall Kirkpatrick. Randall Kirkpatrick was the manager of Kaye’s Food Market at the time of the robbery. Kirkpatrick testified that from where the robber was positioned he could not see the contents of the safe. M.R.E. 701(a) states that testimony of lay witnesses must be limited to those opinions or inferences which are rationally based on the perception of the witness. Kirkpatrick was personally familiar with the store’s layout and the office so his testimony was rationally based on his own knowledge and perception. Issue 2: Weight of evidence Herring argues that the testimony of the co-defendants could not clearly establish that Herring was involved in the crime beyond a reasonable doubt. At trial, the jury heard testimony from fourteen witnesses, including Herring and his two codefendants. The testimony of one credible witness is sufficient to sustain a conviction. |
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