Netherland v. State
| Docket Number: | 2004-KA-01047-SCT Linked Case(s): 2004-KA-01047-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-02-2005 Opinion Author: Easley, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Closing argument - Sufficiency of evidence Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-14-2004 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: Netherland was found guilty of aggravated assault manifesting extreme indifference to human life sentenced to serve eight years. District Attorney: Mark Sheldon Duncan Case Number: 04-CR-046-LE-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Rusty Edward Netherland |
EDMUND J. PHILLIPS, JR. |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. DANIEL HINCHCLIFF |
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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: | Aggravated assault - Closing argument - Sufficiency of evidence |
| Summary of the Facts: | Rusty Netherland was convicted of aggravated assault and was sentenced to eight years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Closing argument Netherland argues that the court erred in sustaining the State’s objection to Netherland’s closing argument. Defense counsel argued to the jury that he believed Netherland had committed simple assault rather than aggravated assault. The jury was given a jury instruction regarding simple assault. The court sustained the State’s objection only when the defense began to discuss punishment. Therefore, the court did not abuse its discretion in sustaining the objection. Issue 2: Sufficiency of evidence Netherland argues that the court erred in refusing his peremptory jury instruction. The victim received serious injuries as a result of the attack. Two witnesses testified that Netherland was involved in the attack on the victim. The victim positively identified Netherland and stated that Netherland had subsequently apologized for the attack. Given this evidence, the State did not fail to prove the elements of the crime charged. |
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