50 So. 3d 376
Miss. Ct. App.2010Background
- Kuykendall and Tracy Smith were dating; Kuykendall wanted to end the relationship.
- April 13, 2008, at Kuykendall's grandmother's house, they argued about the breakup; gunshot heard after Kuykendall left the room to use the restroom.
- Tracy was shot; the gun was never recovered; Kuykendall claimed Tracy held the gun when he went to the restroom.
- Kuykendall was arrested on murder charges; trial in Quitman County Circuit Court; verdict: guilty of murder, sentenced to life.
- Kuykendall challenged the denial of a mental examination and the denial of a directed verdict under the Weathersby rule.
- Court affirmed the circuit court’s conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mental competency for trial | Kuykendall was not competent; trial should have ordered a mental exam. | Record showed Kuykendall capable of understanding and assisting counsel; no exam needed. | No abuse; Kuykendall competent to stand trial. |
| Weathersby rule applicability | Kuykendall as only eyewitness compels acceptance of his version unless substantially contradicted. | Kuykendall was not an eyewitness; rule not applicable; substantial contradictions show falsity. | Weathersby rule does not apply; evidence substantially contradicted Kuykendall's version. |
Key Cases Cited
- Dunn v. State, 693 So. 2d 1333 (Miss. 1997) (competence test: rational understanding and ability to consult)
- Godinez v. Moran, 509 U.S. 389 (U.S. 1993) (standard for competence to stand trial)
- Martin v. State, 871 So. 2d 693 (Miss. 2004) (definition of competency to stand trial)
- Emanuel v. State, 412 So. 2d 1187 (Miss. 1982) (trial court weighing evidence on competence)
- Weathersby v. State, 165 Miss. 207, 147 So. 481 (Miss. 1933) (Weathersby rule; eyewitness version must be accepted unless contradicted)
- Neese v. State, 993 So. 2d 837 (Miss. Ct. App. 2008) (procedural bar for not preserving Weathersby issue)
- Lynch v. State, 877 So. 2d 1254 (Miss. 2004) (Weathersby not applicable when defendant not eyewitness)
- Kidd v. State, 258 So. 2d 423 (Miss. 1972) (Weathersby limitations and applicability)