Damion Leqeuinn Lewis v. State of Mississippi
215 So. 3d 994
| Miss. Ct. App. | 2017Background
- Damion Leqeuinn Lewis (appellant) and Rosa Victor Lewis (victim) were married and separated; on June 15, 2014 Rosa visited Damion and an altercation occurred after a night at a casino.
- Rosa sustained injuries to her ear, face, and neck; emergency-room physician diagnosed a ruptured eardrum and opined the neck/eye findings were consistent with strangulation (petechia).
- Rosa reported being choked, losing consciousness; photographs and nurse/officer observations corroborated visible injuries.
- Damion gave a recorded statement admitting he applied pressure to Rosa’s neck during a struggle but denying intentional strangulation; he claimed defensive/accidental force during a fall.
- At trial the defense offered an ophthalmologist who contested the petechia/strangulation diagnosis; a jury convicted Damion of felony aggravated domestic violence (strangulation) and he received a 20-year sentence (7 years to serve).
- Trial court denied motions for JNOV and new trial; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove intentional strangulation under the felony statute | State: evidence (victim testimony, medical opinion, photos, recorded admissions) shows defendant intentionally applied pressure to restrict airflow/blood | Lewis: State failed to prove intent or restriction of airflow/blood; at most misdemeanor assault | Affirmed — viewing evidence in State's favor, a rational juror could find felony strangulation beyond a reasonable doubt |
| Weight of the evidence — whether verdict shocks the conscience | State: testimony and exhibits support conviction despite expert conflict | Lewis: expert rebuttal undermines strangulation finding; verdict against overwhelming weight | Affirmed — conflicting expert testimony was for the jury; verdict not an unconscionable injustice |
| Jury instructions and informal/defective initial verdict form | State: trial judge correctly re-instructed jury and reformed informal verdict under statute | Lewis: jury was confused and initial form supported lesser misdemeanor verdict | Affirmed — judge properly directed reconsideration and corrected verdict form; final unanimous felony verdict valid |
| Admission and effect of defendant's recorded statement | State: statement that he applied pressure supports inference of strangulation | Lewis: statement ambiguous and redacted portions referencing petechia should have limited prejudice | Affirmed — admission and redactions were handled; statement supported jury inference of applied pressure beyond permissible self-defense |
Key Cases Cited
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for sufficiency and weight review)
- Moore v. State, 996 So. 2d 756 (Miss. 2008) (appellate acceptance of State-favorable evidence and inferences)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of evidence review)
- Camper v. State, 24 So. 3d 1072 (Miss. Ct. App. 2010) (jury as sole judge of credibility and weight of testimony)
- Clay v. State, 881 So. 2d 323 (Miss. Ct. App. 2004) (re-instructing jury and correcting verdict form is proper)
- Gathright v. State, 380 So. 2d 1276 (Miss. 1980) (jury credibility authority)
- Carr v. State, 208 So. 2d 886 (Miss. 1968) (elements and sufficiency principles cited in sufficiency analysis)