269 So. 3d 301
Miss. Ct. App.2018Background
- Dennis Thompson was indicted (Dec. 8, 2009) for conspiracy to commit robbery and capital murder (felony-murder during robbery). At his first trial (Feb. 2014) the jury acquitted him of conspiracy, deadlocked on capital murder, and the court declared a mistrial as to count two but limited any retrial to simple murder.
- At retrial (July 2014) the State prosecuted only simple (deliberate-design) murder; witnesses (including an eyewitness, Starks, and a jailhouse informant, Noah) placed Thompson at the scene and identified him as the shooter. Forensic evidence supported a gunshot to the back of the victim’s head.
- The jury convicted Thompson of murder and he was sentenced to life imprisonment; Thompson appealed raising challenges to sufficiency/weight of evidence, admission of witness testimony, double jeopardy, and adequacy of the indictment for retrying on murder.
- The court reviewed (1) legal sufficiency and weight of the evidence, (2) admissibility and reliability of Starks’s and Noah’s testimony (and related jury instruction issue), (3) whether retrial on murder after a mistrial on capital murder violated double jeopardy, and (4) whether the capital-murder indictment adequately supported retrial/conviction for the lesser-included offense of murder.
- The majority affirmed: evidence was sufficient, instructions and cautionary instruction on informant testimony were adequate, mistrial for a hopelessly deadlocked jury was a manifest necessity (so retrial did not violate double jeopardy), and the capital-murder indictment encompassed the elements of murder (and defendant had requested a lesser-included instruction at the first trial).
Issues
| Issue | Thompson's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for murder | Evidence did not prove deliberate design to kill; at most manslaughter | Eyewitness, confession to inmate, and ballistics support deliberate design | Affirmed — evidence sufficient when viewed in light most favorable to prosecution |
| Weight of the evidence / Motion for new trial | Verdict against overwhelming weight; retrial on murder after capital-murder mistrial is unjust | Verdict not unconscionable; evidence supports verdict | Affirmed — no abuse of discretion; verdict not against overwhelming weight |
| Admission and reliability of Starks’s and Noah’s testimony | Testimony unreliable (accomplice/snitch); jury should have received cautionary instruction | Jury was given a cautionary instruction for informant testimony; Starks was not shown to be an accomplice or dealmaker; cross‑examination tested credibility | Affirmed — instructions as a whole adequate; credibility issues for jury to decide |
| Double jeopardy / permissibility of retrial on lesser offense | Retrial on murder after mistrial on capital murder violated double jeopardy | Mistrial for a hopelessly deadlocked jury is a manifest necessity; retrial allowed | Affirmed — mistrial due to deadlock justified retrial on lesser offense |
| Sufficiency of indictment to try and convict of lesser-included murder | Capital-murder indictment insufficient to retry/convict for simple murder without new indictment | Indictment incorporated murder elements; statute and precedent allow conviction of lesser-included offense without separate count; defendant requested lesser-included instruction at first trial (waiver) | Affirmed — indictment adequate; section 99-19-5 and prior request waived notice inadequacy |
Key Cases Cited
- Brown v. State, 796 So.2d 223 (Miss. 2001) (distinguishes JNOV and new‑trial standards)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for reviewing sufficiency of the evidence under Jackson)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard that appellate courts must view evidence in light most favorable to prosecution)
- Beckwith v. State, 615 So.2d 1134 (Miss. 1992) (discusses when double jeopardy attaches and mistrial doctrine)
- Gangl v. State, 539 So.2d 132 (Miss. 1989) (a defendant’s request for a lesser‑offense instruction can waive notice/inadequacy in indictment)
- Decker v. State, 66 So.3d 654 (Miss. 2011) (limitations on convicting for offenses beyond indictment absent waiver or request)
- Spicer v. State, 921 So.2d 292 (Miss. 2006) (murder is a lesser‑included offense of capital murder)
- Ashwell v. State, 226 So.3d 69 (Miss. 2017) (indictment is an essential prerequisite to prosecute; absence of charging document fatal)