Laurent v. State
| Docket Number: | 2010-KA-01492-COA Linked Case(s): 2010-KA-01492-COA ; 2010-CT-01492-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-24-2012 Opinion Author: Irving, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Self-defense instruction - Weathersby rule - Weight of evidence Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Non Participating Judge(s): Fair, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-30-2010 Appealed from: Hancock County Circuit Court Judge: Roger T. Clark Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Cono A. Caranna, II Case Number: B2301-09-0002 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Leo Lucas Laurent, Jr. |
GEORGE T. HOLMES |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT |
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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: | Murder - Self-defense instruction - Weathersby rule - Weight of evidence |
| Summary of the Facts: | Leo Laurent Jr. was convicted of murder and sentenced to life. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Self defense instruction Laurent argues that the circuit court erred by not giving a self-defense jury instruction. A defendant is entitled to jury instructions that present his theory of the case even if the supporting evidence is weak, inconsistent, or of doubtful credibility. However, the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence. Here, Laurent, who did not testify, contends that he was entitled to a self-defense instruction based on his statement to police that the victim moved toward him with a loaded gun and that as he struggled to take the gun from her, the gun accidentally fired and killed her. The problem with Laurent’s argument is that the medical evidence is that the victim did not die as a result of having been shot. Laurent introduced no medical evidence to the contrary. He is not competent to assess the cause of the victim’s death. Therefore, the record is devoid of an evidentiary basis for granting a self-defense instruction. Issue 2: Weathersby rule Laurent argues that he was entitled to a directed verdict of acquittal based on the principle set forth in Weathersby. The Weathersby rule is inapplicable to the facts of this case. The Weathersby rule provides that where the defendant or the defendant’s witnesses are the only eyewitnesses to the homicide, their version, if reasonable, must be accepted as true, unless substantially contradicted in material particulars by a credible witness or witnesses for the State, or by the physical facts or by the facts of common knowledge. When a defendant gives conflicting versions regarding how the crime occurred or initially denies his involvement in the crime, the Weathersby rule is inapplicable. While Laurent may have been the only witness to the crime, his version of the incident was substantially contradicted in material particulars by a medical witness for the State. Moreover, considering that Laurent gave three different statements to investigators and denied his involvement in the victim’s death in two of those statements, the Weathersby rule would be inapplicable. Issue 3: Weight of evidence Laurent argues that his murder conviction is contrary to the weight of the evidence. Ultimately, the jury judges the credibility of the witnesses and determines how much weight to accord their testimonies. The jury simply did not accept Laurent’s account of how the victim died. Allowing the jury’s verdict to stand would not sanction an unconscionable injustice. |
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