Victory v. State
| Docket Number: | 2010-KA-02073-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 03-01-2012 Opinion Author: King, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Murder & Possession of firearm by convicted felon - Identification jury instruction Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 11-16-2010 Appealed from: Coahoma County Circuit Court Judge: Charles E. Webster Disposition: Appellant was convicted of murder and possession of a firearm by a convicted felon and was sentenced respectively, to life and ten years in the custody of the Mississippi Department of Corrections (MDOC), with the sentences to run consecutively. District Attorney: Brenda Fay Mitchell Case Number: 2010-0028 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Jermell Victory |
IMHOTEP ALKEBU-LAN |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY, JR. |
|
|
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. |
|
| Topic: | Murder & Possession of firearm by convicted felon - Identification jury instruction |
| Summary of the Facts: | Jermell Victory was convicted of murder and of possession of a firearm by a convicted felon. The circuit court sentenced Victory, respectively, to life and ten years, with the sentences to run consecutively. He appeals. |
| Summary of Opinion Analysis: | Victory argues that the circuit court erred by denying his eyewitness-identification jury instruction, maintaining that the jury instruction was necessary to inform the jurors how to weigh inconsistent testimony. Specifically, he argues that he is entitled to the identification jury instruction because there is no corroborating evidence in his case, and no instruction was given in his case which encompassed the issue of misidentification. The identification jury instruction is necessary only when the identification of the suspect hinges on one witness. The jury instruction is not necessary where multiple witnesses identify the suspect or there is other corroborating evidence linking the suspect to the crime. In Victory’s case, multiple witnesses identified him as the shooter. Thus, the identification jury instruction was not necessary. Essentially, Victory’s argument centers around alleged inconsistencies in the witnesses’ testimonies. However, the law is clear that the weight and credibility to give to the evidence are within the province of the jury. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
