131 So. 3d 1228
Miss. Ct. App.2013Background
- Moore and Felicia Butler, in a volatile relationship, lived with their two children in a Holmes County mobile home.
- On Feb. 12, 2011, Moore refused Felicia’s request to give up the car and gun to confront her child’s father; Felicia intensified the dispute, leading to a physical altercation and Felicia striking Moore with a brick.
- Moore left, called Felicia’s brother, and then pursued the property; he confronted Butler and Felicia again when they arrived at Moore’s home.
- Moore retrieved a 30-caliber rifle, fired at Butler after Butler raised his hands, and then fired at others as they fled; Butler died at the scene.
- Moore was indicted for capital murder and four counts of aggravated assault; he was convicted of murder, acquitted on all aggravated assault counts, and sentenced to life in prison; he appealed without motions for new trial or judgment notwithstanding the verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove non-self-defense beyond a reasonable doubt | Moore | State | Procedurally barred; affirmed capital-murder conviction on merits. |
| Weight of the evidence supporting the verdict | Moore | State | Procedurally barred and meritless; affirm. |
Key Cases Cited
- Page v. State, 990 So.2d 760 (Miss. 2008) (directed-verdict preservation rule for sufficiency)
- Carey v. State, 80 So.3d 131 (Miss.Ct.App.2012) (preservation required for weight issues)
- Robinson v. State, 749 So.2d 1054 (Miss.1999) (waiver when directed-verdict issues not renewed)
- Nelson v. State, 919 So.2d 124 (Miss.Ct.App.2005) (record must show reversible error for reversal)
- Hansen v. State, 592 So.2d 114 (Miss.1991) (record must reflect preserved error)