Davis v. State
| Docket Number: | 2010-KA-02097-COA Linked Case(s): 2010-KA-02097-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2012 Opinion Author: Fair, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Admission of confession Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-14-2010 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: CONVICTED OF ARMED ROBBERY AND SENTENCED AS A HABITUAL OFFENDER TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION District Attorney: John W. Champion Case Number: CR-2007-15-CD |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael Eugene Davis a/k/a Michael E. Davis |
PHILLIP BROADHEAD
LESLIE S. LEE
JOHN D. WATSON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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 confession |
| Summary of the Facts: | Michael Davis was convicted of armed robbery as a habitual offender and sentenced to life. He appeals. |
| Summary of Opinion Analysis: | Davis argues that the trial judge erred in admitting his confession. It is the State’s burden to establish, beyond a reasonable doubt, a prima facie case that a statement was given voluntarily. This can be proven though testimony of an officer or other witness. Evidence of intoxication does not automatically render a confession inadmissible; it depends on the degree of intoxication. The evidence must show that the defendant was so affected as to make his statement unreliable or involuntary. Here, the State made out a prima facie case of voluntariness through the testimony of the police detective. Davis failed to meet his burden of showing that the confession was involuntary. During his interview with the detective, Davis had at least fifteen hours to sober up assuming he used heroin immediately prior to his arrest. Even so, his mental faculties seem to have been functioning well enough to wonder if he and the detective had met a year or so prior in connection with another investigation. Evidence also showed that Davis remembered specific details from the robbery. Thus, the court did not err in admitting the confession. |
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