Hall v. State
| Docket Number: | 2003-KA-01517-COA Linked Case(s): 2003-CT-01517-SCT ; 2003-KA-01517-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-14-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Photographs - Manslaughter instruction - Sufficiency of evidence Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis and Barnes, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-01-2003 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: MURDER-SENTENCED TO SERVE A TERM OF LIFE IN THE CUSTODY OF THE MDOC District Attorney: Eleanor Faye Peterson Case Number: V4891 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Lamarcus Antwon Hall |
DAN W. DUGGAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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 - Photographs - Manslaughter instruction - Sufficiency of evidence |
| Summary of the Facts: | Lamarcus Hall was convicted of murder and was sentenced to a term of life. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Photographs Hall argues that the court erred in admitting two autopsy photographs into evidence, because the only purpose of the photographs was to arouse anger and fuel passion against him. A photograph, even if gruesome, grisly, unpleasant, or even inflammatory, may still be admissible if it has probative value and its introduction serves a meaningful evidentiary purpose. The two pictures in question have probative value in at least two respects. The first photograph identifies the location of the fatal wound, and the second photograph was useful in showing the jury evidence of “tattooing” on Watson’s face (“tattooing” is a term used when unburnt fragments of gunpowder embed immediately around the entrance of a gunshot wound). Issue 2: Manslaughter instruction Hall argues that the court erred in failing to grant a jury instruction on manslaughter. The accused is entitled to a manslaughter instruction only where there is an evidentiary basis in the record. The record shows that Hall never offered any mitigating evidence that would justify manslaughter rather than murder. Issue 3: Sufficiency of evidence Hall argues that the evidence was insufficient to convict him because the victim had no bruises on his mid-section which contradicts eyewitness testimony that he kicked the victim after the victim was shot. Sufficient evidence exists in the record to justify the jury’s verdict. First, there was an eyewitness to the shooting. Second, a witness testified that Hall admitted to committing the crime. No less than three people saw Hall kick the victim after the victim was shot. Also, Dr. Hayne’s testimony corroborates the eyewitness testimony that Watson was shot at close range. |
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