Green v. State
| Docket Number: | 2010-KA-00518-COA Linked Case(s): 2010-KA-00518-COA ; 2010-CT-00518-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-20-2011 Opinion Author: Carlton, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Weight of evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Maxwell and Russell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-20-2010 Appealed from: Grenada County Circuit Court Judge: Joseph H. Loper Disposition: CONVICTED OF ARMED ROBBERY AND SENTENCED TO TWENTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Doug Evans Case Number: 2009-017-CR(A) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Sam Green |
WILLIAM L. MAXEY
GEORGE T. HOLMES
LESLIE S. LEE |
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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. |
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| Topic: | Armed robbery - Weight of evidence |
| Summary of the Facts: | Sam Green was convicted of armed robbery and sentenced to twenty-five years. He appeals. |
| Summary of Opinion Analysis: | Green argues that the weight of the evidence did not support the jury’s verdict. He argues that his co-defendants provided unreliable testimony to accuse him of robbing the convenience store. While a conviction may be sustained on the uncorroborated testimony of an accomplice, such a conviction should not be upheld where such testimony is improbable, self-contradictory, and unreasonable on its face, and especially where it is impeached by unimpeached witnesses. In this case, the record provides testimony from numerous witnesses who identified Green as the robber. Besides the testimonies of the co-defendants, the store cashier working the night of the robbery provided an in-court identification of Green as the armed robber. In addition, another witness’s testimony corroborated the co-defendants’ testimonies that the taller of the two male robbers running from the store, whom the co-defendants identified as Green, possessed the shotgun, and testified that this taller male robber fell while fleeing the crime scene in route to the green Honda. Viewing the evidence in the light most favorable to the verdict, sufficient evidence, in addition to the accomplices’ testimonies, exists in the record to support the jury's findings. |
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