Griffith v. State
123 So. 3d 472
Miss. Ct. App.2013Background
- Griffith was convicted of murder for Newsome's death; appeal claims murder verdict weight of the evidence supports manslaughter.
- Date/time: Aug. 6, 2010, during the evening; Newsome hosted guests including Griffith, who drank a Newsome beer.
- After a complaint over drinking, witnesses describe varying degrees of confrontation between Griffith and Newsome.
- After the group planned a horse ride and returned, Griffith suddenly shot Newsome twice.
- Trial included testimony from Griffith, his aunt, and his mother; several witnesses described little or no physical altercation.
- Jury convicted of murder; circuit court denied post-trial motions; Griffith sentenced to life imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether murder verdict is against the weight of the evidence | Griffith argues weight favors manslaughter | State contends weight supports murder | No; evidence supports murder |
Key Cases Cited
- Clemons v. State, 473 So.2d 943 (Miss.1985) (conflicting testimony not always reversible; credibility for jury)
- Neal v. State, 805 So.2d 520 (Miss.2002) (heat of passion mitigation requires adequate provocation)
- Jones v. State, 39 So.3d 860 (Miss.2010) (heat-of-passion requires instant provocation to reduce from murder to manslaughter)
- Windham v. State, 520 So.2d 128 (Miss.1988) (deliberate design to kill; malice forethought)
- Leggett v. State, 54 So.3d 317 (Miss Ct.App.2011) (credibility within jury's province; weighing conflicting testimony)
- Johnson v. State, 52 So.3d 384 (Miss.Ct.App.2009) (heat of passion assessment; time lapse reduces immediacy)