King v. State


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Docket Number: 2011-KA-00137-SCT

Supreme Court: Opinion Link
Opinion Date: 03-01-2012
Opinion Author: Chandler, J.
Holding: Affirmed

Additional Case Information: Topic: Murder - Photographs - Weight of evidence
Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 12-16-2009
Appealed from: Bolivar County Circuit Court
Judge: Kenneth L. Thomas
Disposition: Appellant was found guilty on two counts of murder and sentenced to life in prison.
District Attorney: Brenda Fay Mitchell
Case Number: 2008-077-CR2

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Joshua King




OFFICE OF INDIGENT APPEALS: MOLLIE M. MCMILLIN LESLIE S. LEE



 
  • Appellant #1 Brief

  • Appellee: State of Mississippi OFFICE OF ATTORNEY GENERAL: STEPHANIE BRELAND WOOD  

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    Topic: Murder - Photographs - Weight of evidence

    Summary of the Facts: Joshua King was convicted of two counts of murder. He was sentenced to life. He appeals.

    Summary of Opinion Analysis: Issue 1: Photographs King argues that an exhibit of photographs should have been excluded because it is gruesome, unnecessary, and prejudicial. A photograph has a meaningful evidentiary purpose when it aids in describing the circumstances of the killing; describes the location of the body or cause of death; or supplements or clarifies witness testimony. The photographs in the exhibit were used to supplement the officers’ testimony and the testimony of the co-defendant. In addition, the pictures were not so gruesome as to inflame the jury. Thus, they served an evidentiary purpose and were properly admitted by the trial court. Issue 2: Weight of evidence King argues that, because a majority of the evidence implicating him at trial came from his co-defendant’s testimony, the jury verdict is against the overwhelming weight of the evidence. King’s basis for his argument is that the co-defendant admitted to killing the two victims and agreed to testify against King for a plea deal with the State. The palm print found on the store counter, in conjunction with the investigator’s testimony regarding King’s presence in the store when the second shot was fired, corroborates the co-defendant’s testimony. In addition, the uncorroborated testimony of an accomplice may be sufficient to sustain a guilty verdict. King also was allowed to cross-examine the co-defendant regarding his plea deal and motive for testifying. None of his testimony was self-contradictory or substantially impeached. Thus, the jury verdict was not against the overwhelming weight of the evidence.


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