196 So. 3d 998
Miss. Ct. App.2015Background
- Defendant Calvin Hunter was indicted on two counts of attempted aggravated assault on law enforcement officers after a domestic disturbance at Thelma Hunt’s home.
- Officers Boatner and Moore, in uniform, responded to Hunt’s call; Hunter allegedly cursed, threatened to kill the officers, and refused to leave.
- When an officer stepped toward Hunter, Hunter lunged onto a bed and slid his right hand under a pillow; officers drew a gun and tased him. A struggle followed and Hunter was handcuffed.
- No weapon was found under the pillow Hunter reached under, but an open knife with the blade exposed was later discovered under an adjacent pillow on the bed. Hunt testified the knife belonged to her and denied seeing Hunter with it. Hunter claimed he was reaching for cigarettes and denied threats.
- A Newton County jury convicted Hunter on both counts; he received consecutive terms of 20 and 15 years. Hunter moved for a new trial arguing the convictions were against the overwhelming weight of the evidence; the trial court denied the motion and Hunter appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hunter’s convictions for attempted aggravated assault on officers are against the overwhelming weight of the evidence | State: Hunter announced intent to kill and took overt steps (lunging, reaching toward pillow with knife nearby), so evidence supports attempt | Hunter: Sliding hand under pillow and jumping on bed while reaching for cigarettes did not constitute an overt act toward assault; no proof he intended to use the knife | Court affirmed: jury could reasonably find Hunter had intent and committed overt acts toward assault; verdict not so contrary to overwhelming evidence to warrant new trial |
Key Cases Cited
- Ishee v. State, 799 So.2d 70 (Miss. 2001) (defines attempt as a direct movement toward commission of the crime after preparations are made)
- Gibson v. State, 660 So.2d 1268 (Miss. 1995) (attempt requires an overt act apparently adapted to produce the intended result)
- Murray v. State, 403 So.2d 149 (Miss. 1981) (insufficient evidence where intent to stab was not unequivocal)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (appellate standard — will only disturb verdict when contrary to the overwhelming weight of the evidence)
- Griffith v. State, 123 So.3d 472 (Miss. Ct. App. 2013) (denial of new trial reviewed for abuse of discretion)