269 So. 3d 192
Miss. Ct. App.2018Background
- Kacy Williams was tried in Leflore County Circuit Court after a December 2014 shooting; victim Alfonzo Hemphill testified Williams shot him twice.
- Williams had an active protective order prohibiting contact with the victim and others; he previously threatened both.
- Williams was indicted for attempted murder and possession of a firearm by a convicted felon; trials were severed and this appeal concerns the felon-in-possession conviction.
- The State presented testimony that Williams (a convicted felon) brandished and fired a gun; no weapon used by Williams was recovered.
- Williams was sentenced as a habitual offender under Miss. Code Ann. § 99-19-83 to life without parole; posttrial motions were denied and he appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether life sentence under habitual-offender statute is cruel and unusual/proportionate | Solem proportionality test requires sentence be invalidated as disproportionate | Statute authorizes life without parole; no gross disproportionality; prior felonies satisfy §99-19-83 | Affirmed — sentence lawful; no gross disproportionality and statutory requirements met |
| Sufficiency of evidence for felon-in-possession | Evidence insufficient because no gun recovered and conflicting testimony | Victim testified he saw Williams holding and firing a gun; Williams admitted felony status | Affirmed — testimony sufficient to prove possession beyond reasonable doubt |
| Whether indictment was defective for identifying wrong firearm and whether amendment was improper | Indictment was defective and amendment prejudicial/substantive | Type of firearm is not an element; amendment removed specific make/model and was procedural | Affirmed — amendment was to form, not substance; no prejudice to defense |
| Failure to disclose witness (Diane Hemphill) | State failed to disclose Diane as witness before she testified | No objection at trial or in posttrial motions; record contains no showing of nondisclosure | Affirmed — issue waived and record does not show nondisclosure |
| Ineffective assistance of counsel for not seeking mistrial over alleged witness contradictions | Counsel erred in continuing cross and should have moved for mistrial | Trial strategy presumed; record does not affirmatively show constitutional ineffectiveness | Affirmed — record insufficient to resolve IAC on direct appeal; claim preserved for PCR |
Key Cases Cited
- Solem v. Helm, 463 U.S. 277 (proportionality test for criminal sentences)
- Harmelin v. Michigan, 501 U.S. 957 (limits on Solem; gross disproportionality required)
- Huntley v. State, 524 So. 2d 572 (habitual-offender sentences not cruel and unusual)
- Jackson v. State, 483 So. 2d 1353 (same)
- Davis v. State, 680 So. 2d 848 (aggravated assault is a crime of violence for habitual-offender statute)
- Edwards v. State, 966 So. 2d 837 (witness testimony can support weapon-possession conviction even when weapon not recovered)
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)