117 So. 3d 636
Miss. Ct. App.2013Background
- Henderson was convicted of possession of a weapon by a convicted felon and sentenced to ten years as a nonviolent habitual offender under Miss. Code Ann. § 99-19-81.
- At trial, it was stipulated Henderson was a convicted felon, but the key issue was whether he possessed the weapon charged in Count Two.
- Henderson admitted to taking his father’s shotgun and selling it to his uncle, and Deputy Blackwell retrieved the other shotgun from J.L.; Halford’s role was that of the gun’s prior possessor.
- J.L. testified that Henderson delivered the gun to him and identified the shotgun Henderson sold to him.
- Deputy Blackwell testified Henderson admitted taking the gun and selling it to his uncle, and Henderson volunteered the information during a non-custodial on-scene investigation.
- The circuit court denied JNOV and new-trial motions; the issue on appeal was sufficiency of the evidence to support Count Two.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to prove possession of a firearm by a convicted felon? | Henderson contends the State did not prove possession. | State argues J.L.'s testimony and Henderson’s admissions support possession. | Yes, sufficient evidence supported possession. |
Key Cases Cited
- Johnson v. State, 81 So.3d 1020 (Miss. 2011) (sufficiency of evidence for JM-NOV standard)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (sufficiency standard for conviction)
- Smith v. State, 96 So.3d 33 (Miss. Ct. App. 2012) (non-custodial interrogation Miranda considerations)
- Hopkins v. State, 799 So.2d 874 (Miss. 2001) (Miranda warnings not required in on-scene investigation)