Weaver v. State
| Docket Number: | 2002-KA-00312-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-10-2003 Opinion Author: Southwick, P.J. |
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| Additional Case Information: |
Topic: Armed robbery - Admission of burglary conviction - Identification evidence - Spoliation of evidence - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, 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: 01-17-2002 Appealed from: Yazoo County Circuit Court Judge: Jannie M. Lewis Disposition: GUILTY ON COUNT OF ARMED ROBBERY AND SENTENCED TO 25 YEARS District Attorney: James H. Powell, III Case Number: 6841 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Lonnie Weaver |
RON TILLMAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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: | Armed robbery - Admission of burglary conviction - Identification evidence - Spoliation of evidence - Sufficiency of evidence |
| Summary of the Facts: | Lonnie Weaver pled guilty to charges of burglary and armed robbery and was given a partially suspended sentence. Eleven years later, he sought post-conviction relief which the court denied. The Court of Appeals reversed and ordered a new trial. Weaver was then convicted of armed robbery and sentenced to twenty-five years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Burglary Weaver was tried before a jury for the armed robbery only. He argues that the Court of Appeals’ implicit mandate granted him an opportunity for retrial on both the armed robbery and burglary charges. The earlier opinion reversed and remanded “[b]ecause of the erroneous sentencing on the charge of armed robbery.” The opinion in context demonstrates that the only conviction reversed was that of armed robbery. Weaver also argues that the court erred in allowing the State to use the burglary conviction in prosecuting the armed robbery count. Not only is an incriminating admission by a criminal defendant highly probative, but the court contained any unfair prejudice the admission may have caused by limiting the evidence presented to the jury to judicial notice of the fact of Weaver's admission. Issue 2: Identification evidence Weaver argues that identification evidence based on photographs which no longer existed at the time of trial was improperly admitted. The State has the duty to preserve evidence which might be expected to play a significant role in the suspect's defense. To play a significant role, the exculpatory nature and value of the evidence must have been apparent before the evidence was lost. Because there has been no defensible suggestion of impropriety in the identification of Weaver, the missing photographic lineups would not have played a significant role in the trial. Issue 3: Sufficiency of evidence Weaver argues that the evidence is insufficient. Weaver admitted to his presence at the scene, and was positively identified by his victim, both during initial investigations and at trial. A reasonable person could assign guilt to Weaver. |
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