Moore v. State


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Docket Number: 2007-KA-02040-SCT

Supreme Court: Opinion Link
Opinion Date: 12-11-2008
Opinion Author: Randolph, J.
Holding: Affirmed

Additional Case Information: Topic: Kidnapping, Aggravated assault & Sexual battery - Aggravated assault instructions - Sufficiency of evidence - Jury oath
Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Lamar, JJ.
Non Participating Judge(s): Graves, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 09-19-2007
Appealed from: Harrison County Circuit Court
Judge: Jerry O. Terry, Sr.
Disposition: Count l: Conviction of kidnapping and sentence of life imprisonment without parole in the custody of the Mississippi Department of Corrections. Count ll: Conviction of aggravated assault and sentence of life imprisonment without parole in the custody of the Mississippi Department of Corrections, Affirmed. Count lll: Conviction of sexual battery and sentence of life imprisonment without parole in the custody of the Mississippi Department of Corrections. sentences in Count l, Count ll and Count lll shall be served consecutively.
District Attorney: Cono A. Caranna, II
Case Number: B2402-06-466

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Decarlos Antonio Moore




W. Daniel Heathcliff; LESLIE S. LEE; ROBERT CHARLES STEWART



 
  • Appellant #1 Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY  

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    Topic: Kidnapping, Aggravated assault & Sexual battery - Aggravated assault instructions - Sufficiency of evidence - Jury oath

    Summary of the Facts: DeCarlos Moore was convicted as a habitual offender for kidnapping, aggravated assault, and sexual battery. He was sentenced to life without parole on each count. He appeals.

    Summary of Opinion Analysis: Issue 1: Aggravated assault instructions Moore argues that the jury as a matter of law must find that punching or choking is a means likely to produce death or serious bodily injury. However, as the State notes, the case involves subsection 97-3-7(2)(a), which, according to the text itself, clearly does not require an allegation of the use of a deadly weapon or means likely to cause death or serious bodily injury. Issue 2: Sufficiency of evidence According to the victim, Moore “put his hand over my neck[,]” began choking her, and “tried to turn my neck all around.” As a result, she “fell asleep.” A reasonable inference therefrom is that Moore applied such extreme pressure on the neck of the victim that she was temporarily rendered unconscious. This evidence is supported by testimony that the victim had “petechiae and hemorrhaging to her eyes[,]” a “serious condition” which can be caused by strangulation. All evidence was more than sufficient for a rational trier of fact to find the essential elements of aggravated assault beyond a reasonable doubt. Issue 3: Jury oath Moore’s argument is based upon the absence of the oath from the record and the orders of the circuit court which note only that the jury was “empaneled, chosen, and accepted . . . .” However, while the record does not explicitly reflect a reading of the oath, the record does include references to the oath. Given the presumptions that the trial judge properly performed his duties and that the jury was sworn, there is an absence of an affirmative showing in the record that the oath was not administered to the jury.


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