Moses v. State
| Docket Number: | 2003-KA-01094-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-16-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Depraved heart murder - Sufficiency of evidence - Prior bad acts - M.R.E. 404 - M.R.E. 403 Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-08-2003 Appealed from: Lee County Circuit Court Judge: Thomas J. Gardner Disposition: JURY VERDICT OF DEPRAVED HEART MURDER AND SENTENCED TO LIFE WITHOUT PAROLE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AS AN HABITUAL OFFENDER. Case Number: CR 01-422 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Henry Clifton Moses a/k/a Cliff Moses |
WILLIAM C. BRISTOW |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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: | Depraved heart murder - Sufficiency of evidence - Prior bad acts - M.R.E. 404 - M.R.E. 403 |
| Summary of the Facts: | Henry Moses was found guilty of depraved heart murder and was sentenced as a habitual offender to life without parole. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Moses argues that the evidence and proof presented at trial, being almost entirely circumstantial, did not prove guilt beyond a reasonable doubt and to the exclusion of every reasonable hypothesis consistent with Moses’s innocence. The State offered the following evidence to support the conviction: the victim had various bruises upon her body when she was admitted to the hospital, the victim had bite marks on her left hand when she was admitted to the hospital, the victim’s blood and urine alcohol content were zero when she was admitted to the hospital, Moses had two prior convictions for domestic abuse upon the victim, the victim’s family testified that she had been abused by Moses in the past, and the doctor performing the autopsy determined the cause of the victim’s death to be blunt force trauma to the abdomen, leading to necrosis of the bowels. Although Moses presented evidence at trial that contradicted the State’s version of events, the State’s evidence was not so opposed by a preponderance of Moses’s evidence that reasonable and fair-minded jurors could only have found Moses not guilty. Issue 2: Prior bad acts Moses argues that the admission of evidence of prior bad acts and character evidence violated M.R.E. 404 and 403. The evidence in this case was offered for purposes allowed by M.R.E. 404(b) such as motive, opportunity, and lack of accident or mistake. Although the evidence was prejudicial, the court did not abuse its discretion in finding that the probative value of the evidence outweighed the possible prejudicial effect. Also, the court gave several limiting instructions to the jury regarding the permissible uses of the character evidence that was presented. |
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