Jones v. State
2011 Miss. App. LEXIS 501
Miss. Ct. App.2011Background
- Jones was convicted of aggravated assault and sentenced as a habitual offender to 20 years in MDOC.
- Post-trial motions for JNOV and for a new trial were denied; Jones appeals.
- Crime occurred March 22, 2007 on White Street in Cleveland; Camisha Cleveland was shot while driving a car.
- Jones, Henry Taylor, Maurice Williams, and Latoya Sellers were arrested; Jones and Taylor were later indicted for aggravated assault and possession of a firearm by a convicted felon.
- At trial in 2008, Jones was convicted of aggravated assault but acquitted of gun possession by a felon; Taylor was convicted on both counts.
- Jones challenged the voir dire handling of his prior cocaine conviction and argued insufficient evidence for aggravated assault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court err in stating Jones’s prior cocaine conviction during voir dire? | Jones argues Rule 11.03 required limiting details of prior convictions to avoid prejudice. | Jones failed to stipulate prior convictions pre-trial as Old Chief allows, and the court’s description did not prejudicially affect the trial. | No reversible error; Rule 11.03 inapplicable and no prejudice proven. |
| Was there sufficient evidence to convict Jones of aggravated assault? | Evidence shows no witness placed a gun in Jones’s hand; acquittal on felon-in-possession undermines liability. | Evidence viewed in the light most favorable to the State supports liability as principal or aider/abettor. | Evidence sufficient to sustain aggravated-assault conviction. |
Key Cases Cited
- Old Chief v. United States, 519 U.S. 172 (1997) (felon-in-possession evidentiary depth; substitution by stipulation recommended)
- Williams v. State, 37 So.3d 717 (Miss. Ct. App. 2010) (retroactive misjoinder analysis; prior convictions discussed)
- Edwards v. State, 797 So.2d 1049 (Miss. Ct. App. 2001) (inconsistent multi-count verdicts may be resolved by sufficiency review)
- Duncan v. State, 939 So.2d 772 (Miss. 2006) (waiver principle for appellate argument; meaningful briefing required)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for sufficiency of evidence; weight vs. sufficiency discussed)
- Sands v. State, 62 So.3d 374 (Miss. 2011) (reversal considerations in sufficiency contexts)