Sims v. State


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Docket Number: 2010-KA-01574-COA

Court of Appeals: Opinion Link
Opinion Date: 02-14-2012
Opinion Author: Barnes, J.
Holding: Affirmed

Additional Case Information: Topic: Felony shoplifting - Juror misconduct - Weight of evidence
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 03-24-2010
Appealed from: Jones County Circuit Court
Judge: Billy Joe Landrum
Disposition: CONVICTED OF FELONY SHOPLIFTING AND SENTENCED TO FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
Case Number: 2005-204-KR2

  Party Name: Attorney Name:  
Appellant: Victor Sims




LESLIE S. LEE BENJAMIN ALLEN SUBER JOHN ANTHONY PIAZZA



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR.  

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Topic: Felony shoplifting - Juror misconduct - Weight of evidence

Summary of the Facts: Victor Sims was convicted of felony shoplifting and sentenced to five years. He appeals.

Summary of Opinion Analysis: Issue 1: Juror misconduct Sims contends that after the trial, he realized he knew one of the female jurors. Sims stated in his affidavit that he had gotten into an argument with the juror approximately ten years ago and believed the juror harbored animosity toward him. On appeal, Sims argues the juror failed to disclose during voir dire that she knew him. This argument is contradicted by the juror’s testimony at the hearing on Sims’s motion for a new trial. She specifically testified she did not know Sims. The only evidence to support Sims’s claim is Sims’s affidavit, which was based in part on the information and belief of an unnamed friend. Thus, there was no evidence of juror misconduct or a juror’s failure to answer a relevant, direct, and unambiguous question presented by defense counsel on voir dire. Issue 2: Weight of evidence Sims argues that the verdict was against the weight of evidence. He seems to be particularly concerned no security camera footage was shown at trial. However, the testimony of the two security officers was more than sufficient to establish Sims’s guilt, along with the testimony of the police officer concerning Sims’s arrest.


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