Lamarcus Jones v. State of Mississippi
203 So. 3d 600
| Miss. | 2016Background
- Victim Marveo Lane was shot and killed Aug. 2, 2008; Mareno Hubbard identified Lamarcus Jones as the shooter.
- Hubbard and Jones were seen with guns near the Q5 Club; witnesses saw them approach and then leave after gunshots; Lane died from a gunshot wound.
- Jones was indicted in 2010, tried multiple times (several mistrials), and convicted of murder in 2014; sentenced to life plus fines and restitution.
- After Jones’s conviction, Hubbard pleaded guilty to manslaughter and received a twenty-year sentence (twelve years to serve with credit).
- On appeal Jones raised five issues: weight/sufficiency of evidence, nondisclosure of a plea deal/ impeachment, denial of proposed jury instructions (accomplice and prior inconsistent-statement instructions), admission of testimony about missing physical evidence, and admission of rebuttal testimony attacking a defense witness’s credibility.
Issues
| Issue | Plaintiff's Argument (Jones) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether verdict was against overwhelming weight of the evidence | Hubbard was the sole witness identifying Jones as shooter; his testimony was motivated by desire for leniency and was inconsistent/impeached | Accomplice testimony need only slight corroboration; other witnesses corroborated participation even if not who fired | Not against overwhelming weight; verdict affirmed |
| Whether State’s alleged undisclosed deal with Hubbard prevented cross-examination and defense theory | Post-conviction manslaughter plea and sentence show an undisclosed leniency deal that should have been disclosed (Giglio) | Record contains no evidence of a promised deal; Hubbard denied any deal at trial; defense explored expected benefits on cross | No Giglio violation; issue without merit |
| Whether trial court erred denying accomplice and prior-inconsistent-statement instructions | Requested cautionary accomplice instruction (D-25) and impeachment instruction (D-26) should have been given | Court provided alternate accomplice instruction and other credibility instructions; defense thoroughly cross-examined regarding inconsistencies | Court erred in the form of accomplice instruction (conflated legal standards) but error harmless; D-26 denial not reversible |
| Whether admission of testimony about missing ballistic evidence was improper | Testimony implying evidence mishandling suggested spoliation by relative of defendant and unfairly prejudiced jury | Testimony was relevant to explain missing lab evidence; no assertion State conspired to discard evidence; defense failed to object at trial | Procedurally barred (no timely objection) and meritless in any event |
| Whether rebuttal testimony from defendant’s former attorney about a defense witness’s reputation violated Rule 608/403 | Allowing Hubbard’s former counsel to testify about Retina Stallings’ veracity amounted to trial by ambush and impermissible extrinsic impeachment; cumulative errors denied fair trial | Testimony addressed reputation for truthfulness (permitted); specific-instance impeachment was elicited from Stallings on cross without objection; procedural safeguards met | Admission proper; no reversible error; cumulative-error claim fails |
Key Cases Cited
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for disturbing jury verdict as against overwhelming weight of the evidence)
- Osborne v. State, 54 So.3d 841 (Miss. 2011) (accomplice testimony and corroboration rules)
- Holmes v. State, 481 So.2d 319 (Miss. 1985) (corroboration required as to parts connecting defendant to crime)
- Williams v. State, 32 So.3d 486 (Miss. 2010) (defendant’s entitlement to cautionary accomplice instruction when testimony uncorroborated)
- Smith v. State, 907 So.2d 292 (Miss. 2005) (accomplice instruction must tell jury to view uncorroborated testimony with great caution)
- Giglio v. United States, 405 U.S. 150 (U.S. 1972) (prosecutor's obligation to disclose promises of leniency to impeach witness credibility)
- King v. State, 863 So.2d 269 (Miss. 2003) (Giglio-based reversal where immunity/leniency withheld from defendant)
- Barnes v. State, 460 So.2d 126 (Miss. 1984) (leniency/immunity agreements may be presented to jury to show witness bias)
- Ferrill v. State, 643 So.2d 501 (Miss. 1994) (prior inconsistent-statement impeachment instruction error when foundation present)
- Brent v. State, 632 So.2d 936 (Miss. 1994) (Rule 608(b) and requirement that trial court make Rule 403 findings before specific-instance impeachment)
- Burleson v. State, 166 So.3d 499 (Miss. 2015) (relevance of physical evidence even if not the murder weapon)