157 So. 3d 836
Miss. Ct. App.2014Background
- Brown was convicted in Sunflower County Circuit Court of aggravated assault of Cedric Glover and sentenced to 20 years in MDOC, with 15 to serve and 5 suspended.
- The incident occurred March 22, 2008, after a Key Hole Inn confrontation where Frederick fired into the air and Cedric drove away with Brown nearby.
- Witnesses testified multiple shots hit Cedric’s car; bullets and bullet holes were found in the car and two spent projectiles recovered from the vehicle.
- Brown claimed he lacked a gun and did not fire; gunshot residue allegedly found on Brown supported contact with a recently fired firearm.
- Brown, Turner, and Victor were indicted for murder and aggravated assault; severed trials led to Brown’s conviction only on the aggravate assault count.
- Brown moved for a new trial arguing the weight of the evidence did not show an attempt to seriously injure Cedric; the circuit court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the weight-of-evidence denial was proper | Brown argues the weight favors no intent to injure Cedric. | Brown asserts evidence shows no attempt against Cedric; weight supports acquittal. | No abuse; evidence supports conviction. |
| Whether Foreman controls the outcome | Foreman requires target-specific attempt to injure each victim. | Foreman is distinguishable; multiple shots support one aggravated assault count. | Foreman distinguishable; facts support Cedric assault conviction. |
Key Cases Cited
- Bush v. State, 895 So.2d 836 (Miss.2005) (weight-of-evidence standard for new trial)
- Woodard v. State, 765 So.2d 573 (Miss.Ct.App.2000) (abuse of discretion standard for new trial)
- Veal v. State, 585 So.2d 693 (Miss.1991) (weight review framework)
- Foreman v. State, 51 So.3d 957 (Miss.2011) (distinguishes target-specific intent in multiple counts)