Bell v. State
125 So. 3d 75
| Miss. Ct. App. | 2013Background
- Bell was convicted in May 2008 in Madison County Circuit Court of burglary of a dwelling and sentenced as a habitual offender to 25 years without parole or probation.
- Before deliberations, Bell moved for a directed verdict, which the court denied.
- Bell later moved for JNOV or, alternatively, a new trial; the motion remained pending until June 2011.
- Appellate counsel was retained in 2011 and a hearing on the posttrial motions occurred; the circuit court denied the motions.
- Bell timely appealed challenging the denial of both his directed-verdict and JNOV/new-trial motions.
- Turner identified Bell as the burglar after being shown a lineup and again at trial, and Bell was found at his sister’s apartment in the same complex where the burglary occurred; evidence included a locked door, a window entry, and Turner’s wallet missing with gold teeth as described.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to convict Bell of burglary | Bell contends misidentification due to age disparity | State argues identification was facts-supported | No merit; evidence sufficient to prove burglary beyond a reasonable doubt |
| Whether denial of a new trial was error given the weight of the evidence | Bell argues the verdict contradicts the weight of the evidence | State argues evidence supports the verdict | Affirmed; verdict not against the weight of the evidence |
Key Cases Cited
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for directed verdict/JNOV review)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard)
- Kirkwood v. State, 52 So.3d 1184 (Miss.2011) (elements of burglary of a dwelling)
- Vaughn v. State, 926 So.2d 269 (Miss.Ct.App.2006) (standard for reviewing weight of evidence)