187 So. 3d 674
Miss. Ct. App.2016Background
- Defendant Derrick Hunter was charged with and convicted of second-degree (depraved-heart) murder for the August 23, 2013 killing of his girlfriend, Temería Ingram; sentenced to life imprisonment.
- Incident: Hunter and Ingram had a physical altercation after a visitor (Shameika Brown) left; Hunter admitted he killed Ingram during the fight.
- Medical evidence: Dr. LeVaughn testified death was by strangulation; multiple abrasions, bruises, and a bite mark were documented.
- Scene evidence and statements: Paramedics found Ingram dead; officers recorded Hunter’s statement that he kicked her in the neck; Hunter initially told others he was intoxicated.
- Trial posture: Jury convicted of second-degree murder under Miss. Code § 97-3-19(1)(b). Post-trial JNOV denied; appeal raises sufficiency/weight of evidence and trial-court discovery issues regarding two witnesses (daughter Brendarrius and Mary Ingram).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support second-degree (depraved-heart) murder conviction | State: evidence (forensic injuries, strangulation, defendant’s admissions) supports depraved-heart murder | Hunter: conduct fits culpable-negligence manslaughter, not depraved-heart murder | The court held the evidence, viewed favorably to the State, was sufficient for depraved-heart murder; conviction affirmed |
| Verdict against overwhelming weight of the evidence | State: claim forfeited because Hunter did not move for a new trial | Hunter: verdict was against overwhelming weight of evidence | The court found the issue procedurally barred (no new-trial motion) and did not reach merits |
| Trial court’s allowance of two witnesses after late discovery (Brendarrius and Mary Ingram) | Hunter: late witness listing was unfair surprise and prejudicial | State: updated the list when it learned of the witnesses; defense had opportunity to interview them before testimony | Court held allowing Brendarrius was permissible; admitting Mary was error but harmless because evidence against Hunter was overwhelming; conviction stands |
Key Cases Cited
- Sands v. State, 62 So.3d 374 (Miss. 2011) (standard for reviewing evidentiary sufficiency)
- Johnson v. State, 52 So.3d 384 (Miss. Ct. App. 2009) (distinguishing murder and culpable-negligence manslaughter)
- Shumpert v. State, 935 So.2d 962 (Miss. 2006) (jury’s role in determining mental culpability)
- Gray v. State, 799 So.2d 53 (Miss. 2001) (abuse-of-discretion review for discovery rulings)
- Kornegay v. State, 816 So.2d 405 (Miss. Ct. App. 2002) (discovery rules afford trial court substantial discretion; procedures for late disclosure)
- Isom v. State, 928 So.2d 840 (Miss. 2006) (harmless-error analysis where improperly admitted evidence does not affect outcome)
- Jones v. State, 669 So.2d 1383 (Miss. 1995) (defendant must show prejudice from erroneously admitted evidence)
- Beckum v. State, 917 So.2d 808 (Miss. Ct. App. 2005) (motion for new trial required to preserve weight-of-evidence claim)
- Collins v. State, 858 So.2d 217 (Miss. Ct. App. 2003) (trial court best positioned to rule on weight-of-evidence challenges)