Ambrose v. State
133 So. 3d 786
| Miss. | 2013Background
- Ambrose was indicted for capital murder with robbery in Harrison County, Mississippi.
- Jury acquitted Ambrose of capital murder but convicted him of deliberate design murder; life sentence imposed.
- State's case: Ambrose shot Still during a drug-related confrontation; blood on marihuana bag and car matched Still.
- Ambrose offered self-defense theory; State presented conflicting testimony suggesting robbery-driven murder.
- Defense argued insufficient evidence and weight of the evidence; ineffective-assistance-on-imperfect-self-defense claim preserved for post-conviction.
- Court affirmed conviction for murder, rejected sufficiency and weight challenges, and dismissed ineffective-assistance claim without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Evidence sufficiency for deliberate design murder | Ambrose acted with deliberate design; State proved beyond reasonable doubt. | Evidence only supports self-defense or manslaughter; not deliberate murder. | Sufficient evidence supports deliberate design murder. |
| Weight of the evidence | The weight favors self-defense or manslaughter; conviction contradicts weight of evidence. | Weight of evidence merits acquittal or lesser offense. | Conviction not against the overwhelming weight of the evidence. |
| Ineffective assistance for failure to request imperfect self-defense instruction | Counsel should have requested imperfect self-defense instruction; outcome could differ. | No deficiency; facts do not warrant imperfect self-defense instruction. | Claim dismissed without prejudice to raise in post-conviction relief. |
Key Cases Cited
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for sufficiency review in Mississippi)
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (sufficiency reviewed by rational jury standard)
- Hughes v. State, 983 So.2d 270 (Miss. 2008) (favorable inferences in sufficiency analysis)
- Heidel v. State, 587 So.2d 835 (Miss. 1991) (self-defense doctrine in Mississippi)
- Scott v. State, 34 So.2d 718 (Miss. 1948) (self-defense and sufficiency considerations)
- Wade v. State, 748 So.2d 771 (Miss. 1999) (weighing conflicting testimonies in self-defense)
- Springer v. State, 89 So.3d 567 (Miss. 2012) (overwhelming weight standard)
- Brown v. State, 995 So.2d 698 (Miss. 2008) (heat of passion and related instructions)
- Givens v. State, 967 So.2d 1 (Miss. 2007) (heat of passion definition)
- Wilcher v. State, 863 So.2d 776 (Miss. 2003) (ineffective assistance reviewed on post-conviction grounds)
- Read v. State, 430 So.2d 832 (Miss. 1983) (post-conviction relief considerations)
- Archer v. State, 986 So.2d 951 (Miss. 2008) (imperfect self-defense and procedural posture)