270 So. 3d 962
Miss. Ct. App.2018Background
- On Jan. 11, 2016, Devin Shepherd entered the Steverson residence uninvited; occupants Eva and her grandson Franklin testified he forced open a locked screen/door, beat on Franklin’s bedroom door, threatened to kill him, and broke a window and door trim. Shepherd was found two blocks away and admitted entering while drunk but denied burglary.
- Two days earlier (Jan. 9), Shepherd had an altercation at the house in which Franklin stabbed Shepherd after Shepherd allegedly assaulted Franklin and pushed Eva.
- Shepherd was indicted for home-invasion burglary under Miss. Code § 97-17-23(1)-(2), charged with breaking and entering with intent to commit attempted assault (attempted murder/assault threatened by his conduct and words).
- At trial, State witnesses (Eva, Franklin, Officer Rainbolt) described forceful entry, threats, and property damage; Shepherd admitted trespass and vandalism but denied intent to assault.
- A jury convicted Shepherd of home-invasion burglary; the trial court sentenced him to seven years (four suspended subject to programs), with credit for time served and postrelease supervision. Shepherd appealed, arguing insufficient evidence and that the verdict was against the overwhelming weight of the evidence.
Issues
| Issue | Shepherd's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence (JNOV) — breaking/entering & intent to commit attempted assault | Entry was not unlawful because Shepherd frequented the home; at most trespass and no weapon or completed assault so intent to commit attempted assault not proved | Witnesses and Shepherd’s own admissions show forceful entry (jerked open locked screen/door), threats to kill, beating on bedroom door, and broken window — supporting breaking/entering and intent to attempt assault | Affirmed: evidence sufficient for both breaking/entering and intent; reasonable jurors could convict under burglary statute |
| Weight of the evidence (new trial) — verdict against overwhelming weight | Verdict is unjust because facts at most support trespass; long acquaintance and prior visits undermine burglary finding | Viewing evidence in the light most favorable to verdict, testimony and photos do not preponderate heavily against verdict; no unconscionable injustice | Affirmed: no abuse of discretion denying new trial; not an exceptional case to disturb verdict |
Key Cases Cited
- Estate of Gardner v. Gardner, 228 So. 3d 921 (Miss. Ct. App. 2017) (standard of review for JNOV stated)
- InTown Lessee Assocs. LLC v. Howard, 67 So. 3d 711 (Miss. 2011) (substantial-evidence standard for upholding verdict)
- Johnson v. State, 235 So. 3d 1404 (Miss. 2017) (defines elements of burglary: unlawful breaking and entering and intent to commit a crime therein)
- Craig v. State, 201 So. 3d 1108 (Miss. Ct. App. 2016) (elements of criminal attempt)
- Watson v. State, 205 So. 3d 1094 (Miss. Ct. App. 2016) (standard for new trial based on weight of the evidence)