Gunn v. State, 2011 Miss. LEXIS 61

Gunn was convicted of grand larceny in Bolivar County Circuit Court for stealing a tool bag from a truck.
Witnesses King and Farmer observed a man in a red shirt and khaki pants taking a black/gold bag from the truck.
Goza identified Gunn based on stop footage and contacted him; King later identified Gunn from a photo lineup.
Video from Goza’s dashboard camera showed Gunn carrying the bag on his shoulder at the scene.
Gunn testified he did not take the bag and claimed police framed him; the jury valued the stolen tools over $500.
The Mississippi Supreme Court affirms Gunn’s conviction and ten-year habitual-offender sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence	Gunn argues the value or identity is insufficient	Gunn contends lack of proof of possession/identity	Evidence sufficient to prove grand larceny beyond reasonable doubt
Mistrial denial for post‑Miranda silence comment	Prosecutor’s question referenced Gunn’s silence	Comment biased the jury against Gunn	Harmless error; no reversal required given overwhelming evidence
Photo lineup suggestiveness	Gunn was the only one in a coat in the six-pack lineup	Procedural bar; lineup not impermissibly suggestive	Not unduly suggestive; lineup deemed permissible

Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for sufficiency of evidence and appellate review)
Ellis v. State, 469 So.2d 1256 (Miss. 1985) (valuation of property in grand larceny)
Tate v. State, 912 So.2d 919 (Miss. 2005) (harmless-error standard for improper trial conduct)
Gossett v. State, 660 So.2d 1285 (Miss. 1995) (harmless error review and prejudice considerations)
Perkins v. State, 600 So.2d 938 (Miss. 1992) (prejudice assessment in trial errors)
Quick v. State, 569 So.2d 1197 (Miss. 1990) (Miranda rights and admissibility considerations)
Miranda v. Arizona, 384 U.S. 436 (1966) (rights against self-incrimination and silence)
Riddley v. State, 777 So.2d 31 (Miss. 2000) (harmless error and prejudice analysis)