Dubose v. State
Docket Number: | 2003-KA-02720-SCT | |
Supreme Court: | Opinion Link Opinion Date: 06-02-2005 Opinion Author: Easley, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Manslaughter - Weight of evidence - Sworn jury - Photograph - M.R.E. 401 Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 10-17-2003 Appealed from: Jackson County Circuit Court Judge: Robert P. Krebs Disposition: Appellant was convicted of manslaughter and sentenced to serve 20 years, with 13 years to serve, 7 years suspended, and 5 years on post-release supervision. District Attorney: Anthony N. Lawrence, III Case Number: 2002-10,775(1) |
Party Name: | Attorney Name: | |||
Appellant: | Latanya Leshawn Dubose |
PARKER SIMONS |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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. |
Topic: | Manslaughter - Weight of evidence - Sworn jury - Photograph - M.R.E. 401 |
Summary of the Facts: | Latanya Dubose was convicted of manslaughter and sentenced to 20 years, with 13 years to serve, 7 years suspended, and 5 years on post-release supervision. Dubose appeals. |
Summary of Opinion Analysis: | Issue 1: Weight of evidence Dubose argues that she was convicted despite the State’s inability to overcome her theory of self-defense. The court gave three self-defense instructions. The issue of guilt was a jury question. Despite the jury instructions, the jury still found Dubose guilty of manslaughter based on the evidence. An eyewitness testified that she saw the victim turn his back on Dubose. Dubose left her vehicle, the victim began to whirl around and then the witness heard a pop and saw Dubose calmly return to her vehicle and drive away. There was enough evidence to overcome Dubose’s theory of self-defense. Issue 2: Sworn jury Dubose argues that the jury was not properly sworn with the required capital petit jury oath. The sentencing order from the circuit court references the fact that the jury was duly sworn according to the law. In addition, the record reflects a number of instances in which either the attorneys or the trial court acknowledged that the jury had been sworn. Dubose has not overcome the presumption that the trial court properly performed its duty to have the jury sworn. Issue 3: Photograph Dubose argues that a photograph depicting the gunshot wound to the back of the victim’s head was not relevant pursuant to M.R.E. 401 because there was no dispute as to the victim’s death nor that Dubose shot him. Photographs are considered to have evidentiary value when they aid in describing the circumstances of the killing, describe the location of the body and cause of death, or supplement or clarify witness testimony. The photograph here depicted the bullet wound the victim received in the back of his head. The photograph was probative of the victim’s means of death and has relevance to Dubose’s claim that she acted in self-defense. |
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