Davis v. State
| Docket Number: | 2002-KA-00094-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-15-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Robbery - Comment during voir dire - Habitual offender status - Weight of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, 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: 12-07-2001 Appealed from: Hancock County Circuit Court Judge: Robert H. Walker Disposition: ROBBERY: SENTENCED TO SERVE TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. IT IS FURTHER ORDERED THAT SAID SENTENCE SHALL NOT BE REDUCED OR SUSPENDED NOR SHALL SUCH PERSON BE ELIGIBLE FOR PAROLE AS PROVIDED IN SECTION 99-19-81, MISS. CODE ANN. District Attorney: Cono A. Caranna, II Case Number: B2301-01-0059 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Eric Duane Davis |
THOMAS D. BERRY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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: | Robbery - Comment during voir dire - Habitual offender status - Weight of evidence |
| Summary of the Facts: | Eric Davis was convicted of robbery and was sentenced as an habitual offender to ten years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voir dire Davis argues that the jury became tainted when a prospective juror stated he knew the victim, had dealings with him and had always found him to be a credible person. It is clear that all of the panel members had indicated that they could base their verdict solely on the evidence presented and the instructions of the court. Under these circumstances, the court did not abuse its discretion in determining that the venire had not been prejudiced by the juror's remarks and in denying the motion for a mistrial. Issue 2: Habitual offender status Davis argues that because his prior offenses arose out of the same incident, the court erred in sentencing him as a habitual offender. A prior offense may be considered under the statute even if it occurred on the same day as the instant offense as long as the two charges arose from separate incidents. Because the aggravated assault occurred after the burglary, Davis was indeed a habitual offender. Issue 3: Weight of evidence Davis argues that the verdict was against the overwhelming weight of the evidence. The record reflects solid evidence, through the testimony of the victim and corroborating testimony of the officers, that Davis acted violently towards the victim and stole his property. |
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