156 So. 3d 805
Miss.2013Background
- Flowers was convicted of murder for fatally shooting Charles Wash and challenged the verdict as against the overwhelming weight of the evidence.
- Wash was killed on April 7, 2008, in a Newton County area; scene involved a truck and multiple shell asks; Hilton identified Flowers by voice at trial.
- Hilton testified to the shooting and later admitted involvement in planning the killing; his credibility was a central issue.
- Physical evidence included a white sock, an Air Jordan shoe, and a white tank-top shirt; Flowers’ DNA was the majority contributor on the shirt.
- Flowers’ cell phone was recovered at the scene; conflicting statements about Flowers’ whereabouts the night of the shooting existed.
- Defense discredited Hilton and presented an alibi; jury found Flowers guilty; post-trial motion for new trial was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of the new-trial motion was proper | Flowers argues the evidence conflicts justify a new trial | State contends credibility issues and conflicts fall within jury’s weighing, not grounds for new trial | Affirmed; verdict supported by weight of evidence; no basis for new trial |
Key Cases Cited
- Jenkins v. State, 947 So.2d 270 (Miss. 2006) (affirmed murder conviction based on corroborating and DNA evidence)
- Ross v. State, 954 So.2d 968 (Miss. 2007) (precludes intrusion into jury credibility determinations; weigh credibility remains jury's province)
- Weatherspoon v. State, 56 So.3d 559 (Miss.2011) (evidence conflicts and witness credibility generally for jury)