Johnson v. State
| Docket Number: | 2007-KA-00159-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 07-31-2008 Opinion Author: RANDOLPH, J. Holding: REVERSED AND RENDERED AND APPELLANT DISCHARGED |
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| Additional Case Information: |
Topic: Manslaughter - Weathersby rule Judge(s) Concurring: WALLER AND DIAZ, P.JJ., CARLSON, GRAVES, DICKINSON AND LAMAR, JJ. Non Participating Judge(s): SMITH, C.J. Dissenting Author : EASLEY, J., without separate written opinion. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-08-2007 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: The conviction being appealed resulted from Ardes Lee Johnson’s third trial related to the demise of Dennis Terrell Davis. Johnson was first tried for, and convicted of, murder in May 2004. However, he was granted a new trial based upon the trial court’s error in failing to charge the jury properly. See Johnson v. State, 908 So. 2d 758 (Miss. 2005). On November 29, 2005, following his second trial, the circuit court filed a "Trial Judgment" granting Johnson’s motion for mistrial and request for a bond after the jury was unable to reach a verdict. In December 2006, Johnson was once again tried. At the conclusion of the State’s case, Johnson moved for a directed verdict based upon insufficiency of the evidence, which was denied. The same motion was again offered and denied when Johnson rested. He was then convicted of manslaughter and sentenced to twenty years in the custody of the Mississippi Department of Corrections ("MDOC"). Following denial of his post-trial motions, including his motion for judgment notwithstanding the verdict ("JNOV"), Johnson filed his notice of appeal. District Attorney: Laurence Y. Mellen Case Number: 2004-049-CR2 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ARDES LEE JOHNSON |
BENJAMIN ALLEN SUBER,
BOYD P. ATKINSON,
GLENN S. SWARTZFAGER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD | ||
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 - Weathersby rule |
| Summary of the Facts: | Ardes Johnson was convicted of convicted of manslaughter and sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | The Weathersby rule provides that where the defendant or the defendant’s witnesses are the only eyewitnesses to the homicide, their version, if reasonable, must be accepted as true, unless substantially contradicted in material particulars by a credible witness or witnesses for the state, or by the physical facts or by the facts of common knowledge. Where the Weathersby rule applies and the defendant’s version affords an absolute legal defense, the defendant is entitled to a directed verdict of acquittal. Where the defendant is the only eyewitness to a slaying, his version must be reasonable and credible before he is entitled to an acquittal under the rule. In this case, Johnson’s reasonable eyewitness account, not substantially contradicted in material particulars, coupled with the pertinent circumstances which corroborated it (i.e., the seven previous encounters with the victim, the earlier phone call to police, and the testimony of the victim’s girlfriend, collectively sustain a sufficient case of self-defense. As this version must be accepted as true, it provides an absolute legal defense to either murder or manslaughter. The Weathersby rule is clearly applicable, as the necessary elements for either a murder or manslaughter conviction were lacking. Accordingly, Johnson was entitled to a directed verdict of acquittal. |
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