Truelove v. State
| Docket Number: | 2010-KA-01040-COA Linked Case(s): 2010-KA-01040-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-11-2011 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Domestic violence aggravated assault - Sufficiency of evidence - Serious bodily injury Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-26-2010 Appealed from: Lowndes County Circuit Court Judge: James T. Kitchens, Jr. Disposition: CONVICTED OF COUNTS I AND II, DOMESTIC VIOLENCE-AGGRAVATED ASSAULT, AND SENTENCED AS A HABITUAL OFFENDER TO TWENTY YEARS FOR EACH COUNT, WITH FIFTEEN YEARS OF EACH COUNT TO RUN CONCURRENTLY AND FIVE YEARS OF THE SENTENCE FOR COUNT II TO RUN CONSECUTIVELY TO THE SENTENCE FOR COUNT I, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION Case Number: 2009-0577-CR1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Terry Lee Truelove |
DONNA SUE SMITH
LESLIE S. LEE
BRENDA JACKSON PATTERSON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
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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: | Domestic violence aggravated assault - Sufficiency of evidence - Serious bodily injury |
| Summary of the Facts: | Terry Truelove was found guilty of two counts of domestic violence-aggravated assault. Truelove was sentenced to twenty years for each count, as a habitual offender without eligibility for probation or parole. He appeals. |
| Summary of Opinion Analysis: | Truelove argues that the State failed to prove that he had inflicted serious bodily injury upon the victim. He claims that a broken nose, concussion, and broken rib are not serious, life threatening injuries, and the State did not submit proper medical proof to support a finding that the victim suffered from a broken rib. Considering the evidence in the light most favorable to the State, there was sufficient evidence to convict Truelove. While Truelove maintains that a broken nose and concussion are not serious injuries, case law and common sense do not support his argument. Proof of the broken nose alone was enough to support a claim of serious bodily injury. However, the doctor also characterized the victim’s “mild” concussion as being a “closed-head trauma.” Common sense necessitates a finding that a “closed-head” trauma is a serious bodily injury. With regard to the broken rib argument, the testimony regarding the victim’s assertions that Truelove beat and kicked her in the ribs, her experience of severe pain and difficulty breathing after the beating, and the photographic evidence showing bruising and redness around her ribs support a finding that Truelove was guilty of domestic violence aggravated assault. |
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