Bennie Gunn v. State of Mississippi
174 So. 3d 848
| Miss. Ct. App. | 2014Background
- Gunn was convicted of capital murder along with multiple firearm, armed robbery, and aggravated assault counts following a three-day spree in Jackson in 2010; Evans was the primary shooter in Morris murder and Gunn’s accomplice; Gunn contested severance, evidentiary rulings, double jeopardy, remaining-silent commentary, and sufficiency/weight of the evidence; defense invoked joint trial with Evans and admission of multiple statements and threatened witnesses; trial court admitted evidence and sustained threats and accomplice testimony; appellate court affirmed the convictions and sentences running consecutively.
- DNA linked Evans to clothing; Rokita McDougal identified Gunn in a yard and in photos; Wright identified Gunn in photo lineups; Patel and Ava survived; Evans pled guilty to capital murder and testified inconsistently about Gunn’s involvement; Lowe and Davis testified regarding the E. Com Lodge robbery and Gunn’s role; Gunn’s flight and firearms found during arrest supported consciousness of guilt.
- The Court sentenced Gunn to life without parole for capital murder and concurrent firearm and accomplice-based enhancements; all counts run consecutively; Gunn appealed on several statutory, evidentiary, and constitutional grounds; the Mississippi Court of Appeals upheld the verdict and all sentences.
- The court addressed joinder/severance, admission of evidence including threats and prior statements, double jeopardy, remarks about Miranda rights, weight and sufficiency of the evidence, and ineffective assistance claims, ultimately finding no reversible error and affirming the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not sua sponte severing counts | Gunn argues improper joinder, plain error | State contends proper joinder; multiple offenses common scheme | No error; counts properly joined; no plain error |
| Whether admission of evidence was proper | Gunn challenges improper admission of multiple statements and threats | State contends evidentiary rulings were within discretion and preserved or waived | No reversible error; evidentiary rulings within discretion; any error harmless or waived |
| Whether firearm enhancements violated double jeopardy | Enhancements double-count felon-in-possession | Enhancements are sentence enhancements, not separate offenses | No double jeopardy violation; enhancements proper |
| Whether prosecution improperly commented on Gunn's right to remain silent | Commentary about silence prejudiced Gunn | Trial court curatively instructed; did not prejudice | No reversible error; curative measures adequate |
| Whether the verdict is supported by the weight and sufficiency of the evidence | Evidence insufficient/against weight of the evidence | Evidence viewed in light of the State; accomplice and circumstantial evidence sufficient | No merit; record supports guilt beyond reasonable doubt and weight favors the State |
Key Cases Cited
- Rubenstein v. State, 941 So. 2d 735 (Miss. 2006) (waiver of issues not preserved at trial unless plain error)
- Corley v. State, 584 So. 2d 769 (Miss. 1991) (joinder/severance factors for multi-count indictments)
- Harper v. State, 102 So. 3d 1154 (Miss. Ct. App. 2012) (multicount joinder; Rule 404(b) evidence relevance not dispositive)
- Patrick v. State, 754 So. 2d 1194 (Miss. 2000) (common scheme or plan for related offenses)
- Lewis v. State, 112 So. 3d 1092 (Miss. Ct. App. 2013) (sentence enhancements—no double jeopardy)
- James v. State, 124 So. 3d 693 (Miss. Ct. App. 2013) (hostile-witness foundation; surprise/hostility distinctions)
- Wilkins v. State, 603 So. 2d 309 (Miss. 1992) (limits on impeachment with prior statements; surprise/hostility)
- Caston v. State, 823 So. 2d 473 (Miss. 2002) (closing argument addressing failure to testify; invited error)
- Warren v. State, 183 Miss. 682 (1938) (admissibility of threats to witness to show influence on testimony)