Jerry Darnell v. State of Mississippi
202 So. 3d 281
Miss. Ct. App.2016Background
- On May 13–14, 2012, Jerry Darnell shot Bernard Harris during an encounter outside the apartment of Harris’s former partner, Tekeshia Jones; Harris sustained nonfatal head and abdominal/hip wounds.
- Facts disputed: Harris contended Darnell shot him while he was trying to get into a car with his child and no longer posed a threat; Darnell claimed he shot to defend Jones after Harris allegedly struck her.
- Jones gave two pretrial statements implicating Darnell in continued shooting as Harris attempted to get into the car, but at trial she recanted parts of those statements.
- Darnell was indicted for aggravated assault, tried by jury, convicted, and sentenced to 20 years (15 to serve, 5 suspended) plus 5 years post‑release supervision.
- On appeal Darnell raised: insufficiency of the evidence; verdict against the weight of the evidence; ineffective assistance for counsel’s failure to preserve post‑trial motions; and excessive sentence. The Court of Appeals affirmed.
Issues
| Issue | Darnell's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Evidence insufficient to support aggravated‑assault conviction | Darnell waived the claim by not renewing a directed‑verdict motion or moving for JNOV | Waived on appeal for failure to renew post‑State directed verdict motion; procedurally barred |
| Weight of the evidence | Verdict contrary to overwhelming weight of evidence | Darnell waived by not filing a motion for new trial | Waived for failure to move for a new trial; procedurally barred |
| Ineffective assistance of counsel | Counsel was ineffective for failing to preserve sufficiency/weight claims posttrial | Claim is generally for PCR; but appellate review available if record fully shows deficiency and prejudice | Court reviewed record; found no reasonable probability outcome would differ even if posttrial motions were filed, so claim fails |
| Excessiveness of sentence | Sentence excessive given claimed self‑defense/defense of others | Sentence within statutory maximum and not grossly disproportionate | Sentence (20 years with 5 suspended, 5 years PRS) affirmed as not excessive |
Key Cases Cited
- Holland v. State, 656 So. 2d 1192 (Miss. 1995) (failure to renew directed‑verdict motion waives sufficiency claim; counsel deficient if failure prejudiced outcome)
- Dartez v. State, 177 So. 3d 420 (Miss. 2015) (ineffective‑assistance claims ordinarily reserved for PCR but may be decided on direct appeal when record is complete)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong ineffective‑assistance standard: deficient performance and prejudice)
- Stringer v. State, 131 So. 3d 1182 (Miss. 2014) (all credible evidence must be viewed in the light most favorable to the State when considering JNOV)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (new‑trial standard; evidence viewed in light most favorable to verdict)
- Ford v. State, 975 So. 2d 859 (Miss. 2008) (Eighth Amendment gross‑disproportionality review for sentences)