281 So.3d 986
Miss. Ct. App.2019Background
- On Aug. 14, 2015, LaBrandon Grace entered Citizens Bank in Scooba wearing a mask and brandished a .40 caliber pistol, taking cash from two tellers; he then fled to a green Lincoln Town Car driven by his nephew, Christopher Grace.
- A bank customer observed a green Lincoln with two men in the parking lot and reported the vehicle; officers later located the vehicle on Highway 16 and attempted a traffic stop.
- Christopher sped off, attempted to pass an 18-wheeler on the shoulder, lost control, wrecked, and both occupants ran; deputies commanded them to stop and fired one shot into the air before both were apprehended.
- Officers recovered the gun and stolen money. Christopher, after Miranda warnings, gave a written statement admitting he knew of the planned robbery, drove LaBrandon to the bank, waited as a lookout/getaway driver, and attempted to flee from police.
- Christopher was indicted on multiple counts; conspiracy and felon-in-possession counts were dropped. A jury convicted him of two counts of armed robbery and one count of felony fleeing/eluding; he was sentenced to concurrent life terms for robbery and five years consecutive for eluding.
- Christopher moved for JNOV and a new trial alleging insufficient evidence and that the verdict was against the overwhelming weight of the evidence; the trial court denied both motions and the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to convict Christopher of two counts of armed robbery | Christopher: evidence is circumstantial and insufficient to prove he aided/abetted the robbery | State: Christopher’s post-Miranda confession and corroborating witness testimony show he knew of and assisted the robbery as the getaway driver | Affirmed — confession + corroboration were sufficient for a rational juror to find guilt beyond a reasonable doubt |
| Whether verdict was against the overwhelming weight of the evidence (new trial) | Christopher: evidence proving guilt was weak; verdict would sanction injustice | State: testimony and Christopher’s statement show active participation and flight, supporting convictions; ordinary jury credibility determinations control | Affirmed — verdict not so contrary to overwhelming weight as to require a new trial |
Key Cases Cited
- Williams v. State, 35 So. 3d 480 (standard for sufficiency review: evidence viewed in light most favorable to prosecution)
- Moore v. State, 787 So. 2d 1282 (a confession is direct evidence)
- Hughes v. State, 983 So. 2d 270 (aider/abettor liability and required participation standard)
- Lewis v. State, 112 So. 3d 1092 (elements of armed robbery under Mississippi law)
- Kirk v. State, 160 So. 3d 685 (standard for reviewing weight-of-the-evidence challenges)
- Smith v. State, 904 So. 2d 1154 (getaway driver liability can establish culpability for robbery)
- Wilson v. State, 936 So. 2d 357 (new trial on weight-of-evidence only in exceptional circumstances)
- Cochran v. State, 2 So. 2d 822 (participation requirement for accomplice liability)