263 So. 3d 668
Miss. Ct. App.2018Background
- Christopher Wise was indicted for the June 2015 killing of Jerrell Brown; trial began February 7, 2017, and a jury convicted Wise of manslaughter; sentence: 20 years in MDOC.
- Victim Brown bought ecstasy and marijuana from Wise earlier the night he was shot; Brown was later found slumped in his car with two gunshot wounds to the back; his holstered gun was on the floorboard.
- Three 9mm shell casings were recovered; crime-scene evidence indicated the shooter moved while firing; pathologist concluded shots entered Brown’s back from more than a few feet away.
- Wise admitted to firing multiple shots (an “initial burst” over his left shoulder and continuing fire as Brown ran), claiming Brown had threatened him with a gun; Wise later left the scene and made statements urging silence.
- Procedural history: Wise raised claims on appeal including a discovery violation, denial of speedy trial, denial of directed verdict (and Weathersby claim), denial of a Weathersby jury instruction, and insufficiency of the evidence. The Court of Appeals affirmed.
Issues
| Issue | Wise's Argument | State's Argument | Held |
|---|---|---|---|
| Discovery violation | State disclosed crime‑scene photos only near trial; violation of URCCC 9.04(A)(2) | Defense received photos before trial and did not seek continuance; failure to move for continuance waives claim | No error—waived; Rule 9.04 items were produced before trial |
| Speedy trial | Delay from indictment to trial (~20 months) violated Sixth Amendment/right to speedy trial | Delays largely due to crowded docket; defendant did not properly assert right; no actual prejudice shown | No violation—delay presumptively prejudicial but overall Barker factors favor State |
| Directed verdict (elements) | Indictment alleged shooting in chest; evidence showed shots entered back—State failed to prove indictment element | Manner of death need not be alleged as element in homicide indictment | No error—discrepancy immaterial to elements; directed verdict denied correctly |
| Directed verdict / Weathersby | Wise (only eyewitness) entitled to acquittal if his account reasonable and uncontradicted | Physical evidence (wounds, shell casing pattern, holstered gun, post‑shooting conduct) materially contradicted his story | No error—Weathersby not applicable; testimony contradicted by physical facts |
| Jury instruction (Weathersby) | Court should give Weathersby instruction instructing jury to accept defendant’s version if reasonable | Weathersby rule not appropriate for jury instruction; defendant’s version was not uncontradicted | No error—trial court properly denied the instruction |
| Sufficiency of evidence | State failed to disprove self‑defense; manslaughter not established beyond reasonable doubt | Jury properly instructed on murder, manslaughter, and self‑defense; Wise’s testimony and conduct support culpable‑negligence manslaughter | No error—evidence sufficient to support manslaughter conviction |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (establishes four‑factor speedy trial balancing test)
- Weathersby v. State, 147 So. 481 (defendant’s eyewitness version accepted if reasonable and not materially contradicted)
- Bush v. State, 895 So.2d 836 (standard for reviewing sufficiency of evidence)
- Jenkins v. State, 947 So.2d 270 (incarceration alone does not constitute prejudice for speedy‑trial claim)
- Tait v. State, 669 So.2d 85 (firing at fleeing person can support culpable‑negligence manslaughter)