Bennett v. State
2011 Miss. App. LEXIS 476
| Miss. Ct. App. | 2011Background
- Bennett was convicted by a jury of murder, four counts of aggravated assault, shooting into an occupied dwelling, and felon in possession of a firearm; he appeals four assignments of error.
- Memorial Day 2008 at 302 Manship Street, Jackson, Mississippi, involved an earlier altercation between Parker, Lampkin, and Taylor leading to a dispute and threats to clear the block.
- Bennett and others arrived in Johnson’s Grand Marquis and a black SUV; Bennett emerged with a semi-automatic rifle and fired at the 302 Manship residence.
- Three people were shot and Brown was killed; others were injured; eleven spent casings were found and a rifle was not recovered at the scene; a SKS rifle was found nearby but linked to none of the casings.
- A handgun found inside 302 Manship and an SKS rifle found next door were excluded from evidence at trial due to lack of relevancy; the State’s Rule 401/403 proffers were rejected.
- Bennett testified denying he was the shooter and claimed Michaels was; he sought self-defense instructions that the court rejected for lack of a proper factual basis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of other weapons evidence | Bennett argues excluded weapons support self-defense theory. | State contends no foundation exists for self-defense; rulings proper. | No reversible error; self-defense theory unsupported. |
| Indictment defect and pen-change | Seventh count defective in date/statute/closing phrase; pen-change cured unfairly. | Amendment proper under form; fair opportunity to defend. | Amendment proper; not prejudicial. |
| Admission of hearsay via co-conspirator theory | Blocker testimony admitted as co-conspirator hearsay under Rule 801(d)(2)(E). | Predicate conspiracy established; hearsay properly admitted. | No reversible error; statements admissible as non-hearsay or properly corroborated. |
| Prior-bad-acts evidence | State’s rebuttal and Parker’s prior shooting evidence admissible to show motive/intent. | Challenged lack of Rule 403 balancing and discovery notice; unfair prejudice. | Harmless error; 404(b) evidence admissible; no reversible prejudice. |
| Cumulative error | Errors cumulatively undermine fairness. | Not explicitly argued below; potential cumulative impact. | Procedurally barred; no ruling needed on cumulative error. |
Key Cases Cited
- Lanier v. State, 291 So.2d 695 (Miss. 1974) (admissibility of physical objects requires relevance)
- Croft v. State, 992 So.2d 1151 (Miss. 2008) (witness cannot be contradicted on immaterial matter)
- Jones v. State, 920 So.2d 465 (Miss. 2006) (Rule 403 balancing not strictly mandatory on record; harmless if not patently prejudicial)
- Webster v. State, 755 So.2d 451 (Miss. Ct. App. 1999) (prior acts evidence admissible for motive/intent; remand affirmed)
- Moses v. State, 885 So.2d 730 (Miss. Ct. App. 2004) (form vs. substance in doctrinal defects)
- Brandan v. State, 662 So.2d 1051 (Miss. 1995) (form defects not prejudicial when elements are clear)
- Amos v. State, 44 So.3d 1058 (Miss. Ct. App. 2010) (statutory citation errors treated as surplusage)
- Evans v. State, 916 So.2d 550 (Miss. Ct. App. 2005) (statutory citation corrections permissible)