Moore v. State
2010 Miss. LEXIS 574
Miss.2010Background
- Moore was convicted of murder in Holmes County and sentenced to life imprisonment in MDOC.
- On the night of August 19, 2007, Moore fought with Cordarius McChriston at Club Greasy in Holmes County.
- Moore later retrieved his hat, approached McChriston, and fired multiple shots, leading to McChriston’s death.
- Moore’s trial resulted in a murder verdict; the record shows no post-trial motions were filed.
- Moore appealed, raising several trial-related issues which the supreme court addresses and affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Continuance denial error | Moore’s counsel lacked preparation due to other cases. | Trial court abused discretion by denying continuance. | No abuse; not reversible error; no substantial prejudice shown. |
| Admission of autopsy photo for identification | Photo admission was prejudicial and optional. | Photograph had probative value for identification and description. | No reversible error; photo admissible for identification purposes. |
| Mistrial for juror misconduct | Wade’s relation to a potential witness could taint deliberations. | No improper outside influence; proper investigation conducted. | No basis for mistrial; voir dire and removal addressed concerns. |
| Sufficiency of the evidence (murder vs. manslaughter) | Evidence could support only manslaughter due to heat of passion. | Sufficient evidence supports murder; defendant waived directed-verdict issue. | Evidence supports murder; no error; jury instruction on lesser included offense did not require reversal. |
Key Cases Cited
- Metcalf v. State, 629 So. 2d 558 (Miss. 1993) (continuance not reviewable without new-trial motion; prejudice inquiry)
- Conway v. State, 915 So. 2d 521 (Miss. 2005) (continuance discretion; lack of prejudice standard)
- Noe v. State, 616 So. 2d 298 (Miss. 1993) (photographs admissible if probative and not overly prejudicial)
- Jordan v. State, 995 So. 2d 94 (Miss. 2008) (photographs aid in describing circumstances and cause of death)
- Gladney v. Clarksdale Beverage Co., 625 So. 2d 407 (Miss. 1993) (investigation of juror misconduct required; need good cause)
- Harris v. State, 413 So. 2d 1016 (Miss. 1982) (directed-verdict renewal requirement to preserve sufficiency claim)
- Wright v. State, 540 So. 2d 1 (Miss. 1989) (waiver of sufficiency challenge absent renewal of directed verdict)