Nelsono v. State
| Docket Number: | 2002-KA-00435-COA Linked Case(s): 2002-KA-00435-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 07-15-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Murder - Continuance - Sufficiency of evidence Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 04-10-1998 Appealed from: Adams County Circuit Court Judge: Forrest Johnson Disposition: MURDER - SENTENCED TO SERVE A TERM OF LIFE IN THE MDOC District Attorney: Ronnie Lee Harper Case Number: 11,190-J |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Sidney Nelson a/k/a Solo |
PAMELA A. FERRINGTON |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
|
|
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 - Continuance - Sufficiency of evidence |
| Summary of the Facts: | Sidney Nelson was convicted of murder. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Continuance The day before trial, Nelson demanded that his attorney seek a continuance so that Nelson could retain private counsel. The attorney did not present the motion to the court until after the jury had been selected, and the court denied the motion. Nelson argues this was error. If the court denies a motion for continuance, the defendant must show an abuse of this discretion and that the abuse actually worked an injustice in his case. Nelson has not articulated an arguable basis to conclude that the court acted arbitrarily in denying his eleventh-hour motion when he had done nothing to pursue retained counsel in the weeks and months leading up to trial. Issue 2: Sufficiency of evidence Nelson argues that the evidence supports a finding of self-defense or imperfect self-defense as a matter of law. The prosecution presented evidence tending to show that Nelson purposely drew a pistol and fired a shot into the victim’s chest. Nelson’s contention that he fired in self-defense, having a reasonable fear that the victim was in the process of drawing a weapon finds no support in the evidence beyond Nelson’s own pre-trial statements read to the jury. Alternatively, Nelson alleges that, at worst, he was guilty of no greater crime than manslaughter. There was very little, if any, evidence to support such a verdict. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
