291 So.3d 405
Miss. Ct. App.2020Background:
- Parents Bobby Ray Adams and Shareca Fair shared custody of their 12-year-old son; after custody dispute Shareca obtained sole custody in Nov. 2016.
- On Dec. 19, 2016, Shareca arrived to pick up the child; an argument occurred while she remained in her vehicle.
- Adams retrieved a .22-caliber rifle from his trailer, shot Shareca multiple times (including a contact wound to the forehead), and she died of multiple gunshot wounds.
- The child, Javen, witnessed Adams take the gun, heard shots, saw his mother’s body, and later identified the rifle; Adams later moved Shareca’s body and drove her vehicle behind his trailer.
- Forensic evidence: nine projectiles recovered, shell casings matched the rifle, and gunshot-residue particles were found on Adams’s hands.
- Adams was convicted of first-degree (deliberate-design) murder; he appealed arguing the verdict was contrary to the weight of the evidence and that the killing was heat-of-passion manslaughter.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported deliberate-design first-degree murder rather than heat-of-passion manslaughter | State: Actions, retrieval of gun, multiple shots, and post-shooting conduct show deliberate design | Adams: Loss of custody provoked sudden passion; lacked calculated intent — should be manslaughter | Affirmed. Jury could reasonably find deliberate design; denial of new-trial motion not an abuse of discretion |
Key Cases Cited
- Dilworth v. State, 909 So. 2d 731 (Miss. 2005) (motion for new trial challenges weight of evidence; reversal only for abuse of discretion)
- Little v. State, 233 So. 3d 288 (Miss. 2017) (appellate court must weigh evidence in light most favorable to verdict)
- Jones v. State, 39 So. 3d 860 (Miss. 2010) (definition of deliberate design: full awareness and contemplative intent, which may form quickly)
- Phillips v. State, 794 So. 2d 1034 (Miss. 2001) (definition and elements of heat-of-passion manslaughter)
- Shields v. State, 722 So. 2d 584 (Miss. 1998) (direct-remand rule for remanding on lesser-included offense when greater offense is invalidated)