263 So. 3d 1021
Miss. Ct. App.2018Background
- On Oct. 17, 2014, Glentez Brown was shot and killed at his apartment complex; his infant son was present but not physically injured. Shell casings and baby items were found near the body.
- Eyewitness Ashley Brown saw a man in a gray hoodie with a gun leave the scene and later identified La’Darrian “D.J.” McCray from a photo lineup; she initially delayed identifying him out of fear.
- Other witnesses placed McCray at or near the scene shortly after the shooting; one witness saw a silver truck fleeing and another reported seeing a truck burning nearby.
- McCray was tried by jury and convicted of first-degree murder and attempted aggravated assault (against the infant); he received concurrent sentences (life + 20 years).
- On appeal McCray argued (1) ineffective assistance of counsel for failing to request a circumstantial-evidence jury instruction and for withdrawing a new-trial motion, and (2) the trial court erred in denying his JNOV as to attempted aggravated assault for insufficient evidence of intent.
Issues
| Issue | McCray's Argument | State's Argument | Held |
|---|---|---|---|
| Counsel ineffective for not requesting circumstantial-evidence instruction | Case was wholly circumstantial; instruction required to raise State’s burden | Evidence included direct identifications and inferences; instruction not required | Counsel deficient for not requesting it, but record does not show resulting prejudice; decline to resolve on direct appeal (preserve for PCR) |
| Counsel ineffective for withdrawing motion for new trial | Withdrawal prevented trial court from weighing evidence on its face | Motion for new trial (weight challenge) was presented to the trial court as part of JNOV/new-trial filing | No reversible error; trial court considered weight argument — issue without merit |
| Trial court erred denying JNOV on attempted aggravated assault | No proof McCray had intent to assault the infant (required for attempt) | Circumstantial evidence supports inference McCray shot Brown while Brown held the infant, supporting intent | Denial affirmed: substantial evidence permitted reasonable jurors to infer intent and sustain conviction |
Key Cases Cited
- Carson v. State, 125 So. 3d 104 (Miss. Ct. App. 2013) (definition and application of circumstantial-evidence principles)
- Garrett v. State, 921 So. 2d 288 (Miss. 2006) (circumstantial-evidence vs. direct evidence distinction)
- Keys v. State, 478 So. 2d 266 (Miss. 1985) (circumstantial-evidence instruction language)
- McInnis v. State, 61 So. 3d 872 (Miss. 2011) (definition of circumstantial evidence)
- Turner v. State, 945 So. 2d 992 (Miss. Ct. App. 2006) (when circumstantial instruction must be given)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance standard)