Burdette v. State
2013 Miss. LEXIS 75
| Miss. | 2013Background
- Burdette was indicted for murder and tried in Panola County; jury acquitted of murder but convicted of manslaughter, sentencing him to 20 years consecutive to another sentence.
- Scene in Still Trailer Park on Jan 26, 2011; victim Herman Smith identified Burdette as shooter; numerous shell casings found; no weapon recovered in Smith’s car.
- Smith died after hospital treatment; autopsy showed death from internal bleeding due to multiple gunshots; three bullets recovered.
- Several witnesses testified Burdette and Smith had prior confrontations; Walker testified Burdette shot Smith; Burdette admitted self-defense only in his testimony.
- The state introduced ballistics and crime-lab evidence, and an officer testified about the gun’s capabilities; some evidence was challenged as Confrontation Clause violations; the defense argued weight of the evidence supported self-defense.
- Trial court denied JNOV/new trial; Burdette appealed raising weight-of-the-evidence and Confrontation Clause issues; appellate court affirmed conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight of evidence for manslaughter vs murder | Burdette: evidence supports self-defense, not manslaughter | Burdette: verdict against overwhelming weight of evidence | Not against weight; evidence supports manslaughter verdict. |
| Confrontation Clause violation from unidentified company testimony and lab report | Burdette: improper hearsay and lack of confrontation | State: not objected; plain error review warranted | Plain-error; but no manifest miscarriage; conviction affirmed. |
| Plain-error review appropriateness | Burdette: plain error warranted reversal | State: review appropriate but not reversible | Plain-error review applied; no manifest miscarriage; no reversal. |
| Admission of firearms capability testimony and lab-derived bullet matching | Burdette: improper expert/testimony | State: testimony consistent with defense and uncontradicted | No reversible error; potential plain error but not prejudicial. |
Key Cases Cited
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (Confrontation Clause scope: witnesses bear testimony.)
- Bullcoming v. New Mexico, 131 S. Ct. 2705 (S. Ct. 2011) (Forensic reports require live testimony or unavailability with cross-exam.)
- Melendez-Diaz v. Massachusetts, 557 U.S. 305 (U.S. 2009) (Laboratory reports are testimonial evidence.)
- Conners v. State, 92 So.3d 676 (Miss. 2012) (Mississippi plain-error analysis when Confrontation Clause violated.)
- Pruitt v. State, 28 So.3d 585 (Miss. 2010) (Self-defense and lesser-included offense considerations.)
- Weatherspoon v. State, 56 So.3d 559 (Miss. 2011) (Weight-of-evidence standard and new-trial discretion.)
- Huffman v. State, 192 Miss. 375, 6 So.2d 124 (Miss. 1942) (Weight of the evidence standard relevant to convictions.)
- Shaw v. State, 880 So.2d 296 (Miss. 2004) (When evidence justifies murder, defendant may not complain about manslaughter instruction.)
- Cox v. State, 793 So.2d 591 (Miss. 2001) (Plain-error standard for constitutional violations.)
- McGee v. State, 953 So.2d 211 (Miss. 2007) (Plain-error analysis and prejudice.)