Burleson v. State
2015 Miss. LEXIS 243
| La. | 2015Background
- Burleson II was convicted of capital murder with underlying felony robbery; he appeals the conviction and sentence.
- Indictment amended five months before trial to add habitual-offender status under Miss. Code Ann. § 99-19-83.
- State asserted prior five burglaries, including at least one violent burglary, constituted “crimes of violence”; burden to prove violence tied to the habitual-offender enhancement.
- Trial court granted the amendment; Burleson did not receive the habitual-offender sentence, and the state later withdrew the habitual-offender pursuit.
- Key physical evidence included a metal bar linked to the scene and a handgun found in the car Burleson drove; defense objected to the gun’s admission but without contemporaneous objection.
- Evidence for capital murder rested largely on circumstantial proof; no eyewitness saw the killing; debate centered on whether the underlying robbery was proven directly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the amendment to habitual-offender status lack probable cause? | Burleson | Burleson | Indictment amendment improper; probable cause lacking |
| Was the handgun properly admissible evidence? | Burleson | Burleson | Procedurally barred but merits rejected; admissible |
| Should a circumstantial-evidence instruction have been given? | Burleson | Burleson | Yes; instruction required where gravamen proven circumstantially |
| Was the evidence legally sufficient for capital murder? | Burleson | Burleson | Evidence insufficient to show direct murder; yet reversible errors warrant new trial |
Key Cases Cited
- Magee v. State, 542 So.2d 228 (Miss. 1989) (per se violence determination for crimes of violence)
- Brown v. State, 102 So.3d 1087 (Miss. 2012) (burglary not per se a crime of violence; burden to prove actual violence)
- Lynch v. State, 877 So.2d 1254 (Miss. 2004) (direct evidence of underlying felony can negate circumstantial-evidence instruction)
- Mack v. State, 481 So.2d 793 (Miss. 1985) (circumstantial-evidence instruction defined; gravamen concept)
- McInnis v. State, 61 So.3d 872 (Miss. 2011) (circumstantial-evidence instruction standards; weight of evidence)
- Beasley v. State, 136 So.3d 393 (Miss. 2014) (legal sufficiency review; beyond reasonable doubt standard)
- Holland v. United States, 348 U.S. 121 (U.S. 1954) (circumstantial evidence instruction not required when reasonable doubt properly instructed)
- Victor v. Nebraska, 511 U.S. 1 (U.S. 1994) (reasonable-doubt standard governs all trials; not definitional instruction required)