McLymont v. State, 118 So. 3d 148

McLymont was convicted of capital murder and conspiracy to commit robbery; post-trial motions denied; appeals on weight of evidence.
Prosecution presented eyewitness Starks, corroborating witnesses, a taped confession by Hollins, and fingerprint evidence linking McLymont to Buford's car.
Buford, a Coast Guard member on leave, was killed in Clarksdale after three men approached him and attempted to rob him.
McLymont allegedly grabbed Buford's necklace; Buford attempted to shoot; Thompson fatally shot Buford; Starks fled.
Hollins, a confidential informant, provided a taped confession attributed to McLymont; investigators found McLymont’s fingerprints on the vehicle.
The jury weighed credibility of witnesses, and the court affirmed the denial of the motion for new trial, upholding the verdicts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the denial of a new trial on weight of the evidence was erroneous	McLymont contends the verdict rests on Hollins’s confession.	State argues other strong evidence supports verdict; credibility for jury.	No; weight does not compel reversal; evidence supports verdict.

Griffin v. State, 607 So.2d 1197 (Miss. 1992) (credibility of witnesses is for the jury to decide)
Miller v. State, 983 So.2d 1051 (Miss. 2008) (presumption favoring jury verdict when defendant does not testify)
White v. State, 722 So.2d 1242 (Miss. 1998) (full effect given to State’s evidence when defendant silent)
Bush v. State, 895 So.2d 836 (Miss. 2005) (new trial for weight of the evidence only in exceptional cases)
Gathright v. State, 380 So.2d 1276 (Miss. 1980) (credibility determinations reside with jury)
Weatherspoon v. State, 56 So.3d 559 (Miss. 2011) (new trial warranted only when evidence preponderates heavily against verdict)