Laterrence Lenoir v. State of Mississippi
224 So. 3d 85
| Miss. | 2017Background
- On September 6, 2012 two masked, gloved men robbed a Dollar General in Wesson, MS at gunpoint, stealing cash and employees’ cell phones; surveillance video (blurry, no audio) captured the incident.
- Laterrence Lenoir was indicted in 2016 for two counts of armed robbery and one count of conspiracy (a third robbery count was dismissed); he pleaded not guilty and waived presenting a defense at trial.
- State’s evidence: testimony from three employees (one, Vinshaun Motley, testified pursuant to a plea deal), surveillance video corroborating the robbery, and testimony that one robber was tall and the other had red-tipped dreadlocks.
- Motley testified he knew Lenoir and Desmond Williams, identified a distinctive ‘‘waddle’’ gait he associated with Lenoir, related Lenoir’s pre-robbery comment that he would "hit a lick," and said Lenoir gave him money the day after the robbery and told him to keep quiet.
- Forrest and Thomas (employees) knew Lenoir but could not identify him as a robber; the judge instructed the jury on accomplice testimony and denied defense motions for directed verdict and a new trial.
- Jury convicted Lenoir on two armed-robbery counts and one conspiracy count; sentences affirmed by the Mississippi Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence linking Lenoir to the robbery | State: testimony + video + Motley’s corroborating details (gait, dreadlocks, pre-robbery statement, post-robbery money) suffice to prove identity and conspiracy | Lenoir: evidence is attenuated; ID rests on one accomplice’s memory of gait years later and no physical evidence ties him to crime | Affirmed: evidence sufficient for a reasonable jury to convict on robbery and conspiracy counts |
| Weight of the evidence / new trial | State: testimonial evidence and inferences do not preponderate against verdict | Lenoir: eyewitnesses who knew him failed to identify him; surveillance blurry; no physical/DNA evidence, so verdict is against overwhelming weight | Affirmed: trial court did not abuse discretion; evidence does not preponderate heavily against verdict |
Key Cases Cited
- Cowart v. State, 178 So. 3d 651 (discusses standard for judgment notwithstanding the verdict and appellate review of sufficiency)
- Ginn v. State, 860 So. 2d 675 (evidence/viewing in light most favorable to verdict; accomplice testimony principles)
- King v. State, 47 So. 3d 658 (corroboration and assessment of accomplice testimony sufficiency)
- Sheffield v. State, 749 So. 2d 123 (instructs on reasonable inferences to be drawn for the State)
- Burleson v. State, 166 So. 3d 499 (absence of physical evidence does not negate testimonial evidence sufficient for conviction)
- Brown v. State, 130 So. 3d 1074 (supports rule that testimonial evidence can sustain conviction without physical evidence)
- Graham v. State, 812 So. 2d 1150 (similar authority on testimonial sufficiency)
- Bush v. State, 895 So. 2d 836 (standard for appellate review of weight-of-evidence challenges)
