80 So. 3d 131
Miss. Ct. App.2012Background
- Carey was convicted of murder in Hinds County and sentenced to life in prison.
- He filed a motion for a new trial or JNOV on April 27, 2010, which the circuit court denied.
- On appeal, Carey challenged the restrictions on cross-examining Marcus Smith and Dr. Adele Lewis, the sufficiency of the evidence, a directed verdict, and the weight of the evidence.
- Timeline: Carey shot and killed Charleston on February 5, 2009 after a dice-game dispute.
- Carey testified he acted to scare Charleston, not to kill; Charleston allegedly threatened with a knife and was intoxicated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Cross-examination of Marcus Smith | Carey argues denial of cross-exam about Smith's pre-death knowledge. | State contends no preserved record of bench ruling; not reviewable. | Procedurally barred; review waived. |
| Cross-examination of Dr. Adele Lewis | Carey seeks to elicit effects of Charleston's toxicology on state of mind. | State allowed testimony on presence of substances but not their effects. | No prejudicial error; issue without merit. |
| Sufficiency of the evidence | Evidence insufficient to prove murder beyond a reasonable doubt. | Evidence supports murder; jury credibility determinations control. | Insufficient basis to overturn; evidence supports verdict. |
| Directed verdict/imperfect self-defense | Carey claims imperfect self-defense warranted a directed verdict. | State failed to prove lack of malice; self-defense theory not properly raised. | Procedurally barred; imperfect self-defense not properly raised; evidence supports murder. |
| Weight of the evidence | Verdict against the overwhelming weight of the evidence. | Conflicting testimony precludes weight-of-evidence reversal. | Procedurally barred; even if considered, not against overwhelming weight. |
Key Cases Cited
- Brown v. State, 965 So.2d 1023 (Miss. 2007) (preservation of bench conference rulings required)
- Scott v. State, 796 So.2d 959 (Miss. 2001) (review waived when not preserved on record)
- Cotton v. State, 675 So.2d 308 (Miss. 1996) (preservation requirement for appellate review)
- Moore v. State, 859 So.2d 379 (Miss. 2003) (imperfect self-defense concept explained)
- Phillips v. State, 794 So.2d 1034 (Miss. 2001) (malice may be inferred from use of deadly weapon)
- Latiker v. State, 918 So.2d 68 (Miss. 2005) (standard for reviewing weight-of-evidence)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (sufficiency review framework)
- Hogan v. State, 48 So.3d 512 (Miss. 2010) (overwhelming weight standard applies to verdicts)