James Curtis Clark v. State of Mississippi
237 So. 3d 844
| Miss. Ct. App. | 2017Background
- On May 11, 2014, two men entered Patrick Snow’s apartment; Snow was shot and survived, Matthew Campbell was shot in the head and died.
- Snow identified James Clark and Jarvis Holder as the intruders and testified at trial that Clark shot both victims; Snow’s trial testimony matched prior statements.
- Clark, Timothy Jordan, and Jarvis Holder were indicted for conspiracy, first-degree murder, and aggravated assault; Jordan and Holder pled guilty and testified against Clark in exchange for leniency.
- Additional witnesses (Jordan’s sister Lavivian Wilson and Jordan) gave varying accounts but ultimately implicated Clark; no physical evidence linked Clark to the shootings.
- Clark requested a heat-of-passion manslaughter (culpable-negligence) instruction, which the trial court denied; the court gave a second-degree murder instruction and the jury convicted Clark of second-degree murder and aggravated assault.
- Clark moved for JNOV or a new trial; the motion was denied and he appealed raising ineffective assistance of counsel and that the verdicts were against the overwhelming weight of the evidence.
Issues
| Issue | Plaintiff's Argument (Clark) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Ineffective assistance for failing to request culpable-negligence manslaughter instruction | Counsel erred by not requesting a lesser-included culpable-negligence instruction after jury asked about lesser offenses | No evidentiary basis supported culpable-negligence; instruction was trial strategy and failure did not prejudice outcome | Rejected — counsel not ineffective; no foundation for that instruction and no prejudice under Strickland |
| Verdicts against overwhelming weight of the evidence | Conviction is unjust because key testimony came from co-indictees and plea-deal witnesses of questionable credibility | Credibility determinations are for the jury; ample testimonial evidence implicated Clark | Rejected — verdicts were not contrary to overwhelming weight of evidence; jury reasonably credited testimony |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance: deficient performance and prejudice)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for reversing based on weight of the evidence)
- Archer v. State, 986 So. 2d 951 (Miss. 2008) (ineffective-assistance claims on direct appeal limited to matters apparent on the record)
- Gilley v. State, 748 So. 2d 123 (Miss. 1999) (presumption that counsel’s performance is effective; defendant must show prejudice)