Williams v. State
| Docket Number: | 2002-KA-01162-COA Linked Case(s): 2002-KA-01162-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-04-2003 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Manslaughter - Self-defense instruction - Ineffective assistance of counsel - Sufficiency of evidence - Peremptory instruction Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-24-2002 Appealed from: Tallahatchie County Circuit Court Judge: Andrew C. Baker Disposition: CONVICTED OF MANSLAUGHTER AND SENTENCE OF TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: John W. Champion Case Number: CR-2001-13-B-T2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mario Williams |
TOMMY WAYNE DEFER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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: | Manslaughter - Self-defense instruction - Ineffective assistance of counsel - Sufficiency of evidence - Peremptory instruction |
| Summary of the Facts: | Mario Williams was convicted of manslaughter and sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Self-defense instruction Williams argues that the State's jury instruction concerning self-defense is an incomplete statement of law because it does not instruct the jury it had an affirmative duty to acquit him if it determined he had acted in self-defense. Any error in this instruction was cured by the additional instructions given. Issue 2: Ineffective assistance of counsel Williams argues that his trial counsel was ineffective for failing to object to the self-defense jury instruction. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. Since there was no error with regards to the jury instructions, Williams’ counsel was not ineffective. Issue 3: Peremptory instruction Williams argues that the court erred in denying his request for a peremptory instruction. Peremptory instructions should be refused if there is enough evidence to support a verdict. Here, there was enough evidence to support the verdict. Although Williams admitted to shooting the victim, there were inconsistencies between the testimony of the State's witnesses and the defense witnesses. It is within the discretion of the jury to accept or reject testimony by a witness and to determine the weight and credibility of the evidence. |
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