Osborne v. State
2011 Miss. LEXIS 4
| Miss. | 2011Background
- Osborne was convicted of capital murder with robbery as the underlying felony and sentenced to life without parole in Bolivar County.
- The offense involved Osborne and Braboy robbing 86-year-old Lucy Jackson after forcing a neighbor to knock on Jackson’s door; Jackson died from blunt-force head trauma.
- Giles and Braboy proceeded with the crime; police found Jackson’s body two days later and recovered about forty dollars stolen from the home.
- Osborne challenged the conviction with a Motion for New Trial or Judgment Notwithstanding the Verdict, which the trial court denied, along with two pro se motions.
- During voir dire and sentencing, a juror’s alleged statement raised a mistrial issue, which the trial court declined to grant; the issue was appealed.
- The defense raised additional challenges to evidence and witness impeachment, and the court conducted a standard abuse-of-discretion review for evidentiary rulings and weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the mistrial denial was an abuse of discretion | Osborne | State | No abuse; mistrial properly denied |
| Whether the State may impeach its own witness without hostility showing | Osborne | State | Authority to impeach own witness upheld |
| Whether the weight of the evidence supports the guilty verdict | Osborne | State | Weight supports verdict; no new trial warranted |
| Whether cumulative error warrants a new trial | Osborne | State | No cumulative-error warrant; affirmed |
Key Cases Cited
- Evans v. State, 725 So.2d 613 (Miss. 1998) (mistrial decisions reviewed for abuse of discretion)
- Odom v. State, 355 So.2d 1383 (Miss. 1978) (seriousness of unanswered voir dire questions; Odom questions)
- Wilkins v. State, 603 So.2d 309 (Miss. 1992) (hostility requirement for impeachment of a witness)
- Wharton v. State, 734 So.2d 985 (Miss. 1998) (disjunctive standard for impeaching a witness; surprise or hostility)
- Ross v. State, 954 So.2d 968 (Miss. 2007) (prejudice and impartiality considerations in review)
- Massey v. State, 992 So.2d 1161 (Miss. 2008) (credibility and weight of witness testimony governs verdict)