201 So. 3d 491
Miss. Ct. App.2015Background
- On Jan. 29, 2011, after a fight between Larenzo Pettis and Lenard Dennis, members of Dennis’s family chased Kyle Oatis’s car; Justin Holmes (neighbor/family friend) fired at the moving vehicle.
- Holmes shot at the car multiple times; Kyle Oatis was hit, crashed, and died from internal bleeding caused by .25-caliber bullets; casings recovered at scene; witnesses identified Holmes as the shooter and the only person with a gun.
- Holmes was indicted for murder (Count I) and aggravated assault (Count II); the State moved to amend Count II to attempted aggravated assault before/during trial; the court granted the amendment.
- The jury convicted Holmes of heat-of-passion manslaughter (lesser-included of murder) and attempted aggravated assault; the trial court sentenced him to concurrent twenty-year terms.
- On appeal Holmes challenged (1) sufficiency and weight of the evidence; (2) the indictment amendment; and (3) ineffective assistance of counsel. The Court of Appeals affirmed.
Issues
| Issue | Holmes's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency for manslaughter (heat of passion) | No evidence of heat of passion; conviction unsupported | Holmes requested manslaughter instruction; evidence of an angry chase and provocation supported a heat-of-passion finding | Affirmed — manslaughter instruction was requested by Holmes; jury could reasonably find heat of passion |
| Sufficiency for attempted aggravated assault (Larenzo) | Evidence insufficient to show attempt on passenger | Witnesses saw bullets toward passenger, vehicle had impact mark, only Holmes had a gun | Affirmed — sufficient evidence Holmes attempted to shoot passenger |
| Weight of the evidence | Conviction against weight of evidence due to impeached witnesses | Jury resolved credibility; record supports verdict | Affirmed — verdict not so contrary to overwhelming evidence to warrant reversal |
| Amendment of indictment (aggravated → attempted) | Amendment substantively changed charge; prejudicial | Statute criminalizes both causing and attempting; defendant on notice; amendment immaterial | Affirmed — amendment immaterial because statute permits conviction for attempt; no prejudice shown |
| Ineffective assistance of counsel | Counsel produced evidence that enabled manslaughter verdict; trial counsel deficient and prejudicial | Defendant fails to identify specific deficient acts or prejudice | Dismissed without prejudice — claim undeveloped and speculative; presumption of reasonable strategy applies |
Key Cases Cited
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for reversing on weight of the evidence)
- Caston v. State, 823 So. 2d 473 (Miss. 2002) (defendant may not complain of an instruction given at his request)
- Eakes v. State, 665 So. 2d 852 (Miss. 1995) (statute that criminalizes attempt informs defendant he may be convicted of attempt)
- Griffin v. State, 584 So. 2d 1274 (Miss. 1991) (indictment may be amended at trial if amendment is immaterial and not prejudicial)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective-assistance claims)