Richard Lamar Green v. State of Mississippi
269 So. 3d 75
Miss.2018Background
- Richard Green forcibly removed his wife Cathy from their bedroom in front of their 4‑year‑old, dragged her down a hall into the living room, and then repeatedly struck her in the head with a machete, causing catastrophic head injuries and amputation of a finger.
- Cathy testified and corroborated Green's recorded confession; officers found blood, brain matter, and a severed finger at the scene; Green was later arrested, read Miranda, and waived rights.
- Green called 911 after leaving the house, was apprehended, and was indicted for attempted murder and kidnapping.
- At trial the jury convicted Green of attempted murder (life) and kidnapping (sentencing later produced consecutive 30 years); the trial court denied directed‑verdict and JNOV motions.
- On appeal Green argued insufficient evidence: (1) the movement was merely incidental to the assault (no kidnapping); and (2) he voluntarily abandoned his attempt to murder by calling 911 (no attempted murder).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Kidnapping — whether forcible movement/ detention supported kidnapping | State: forcible seizure, removal, and asportation of Cathy before the machete attack satisfied §97‑3‑53; movement was independent of the assault | Green: movement was incidental to the assault (not a separate crime); charging kidnapping here would permit kidnapping counts with every assault | Affirmed — evidence sufficient; asportation prior to the hacking supported kidnapping under Cuevas and Graham |
| Attempted murder — whether evidence showed attempt despite 911 call | State: repeated strikes with a machete constituted overt acts beyond mere preparation; voluntary abandonment after overt acts does not excuse attempt | Green: calling 911 showed abandonment; completion was prevented by his own conduct, so no attempt | Affirmed — strikes went beyond mere preparation; voluntary abandonment after overt acts does not bar attempted‑murder conviction (Jackson, Bucklew) |
Key Cases Cited
- Cuevas v. State, 338 So.2d 1236 (Miss. 1976) (forcible detention or movement supports kidnapping unless merely incidental to a lesser crime)
- Jackson v. State, 254 So.2d 876 (Miss. 1971) (once overt acts go beyond mere preparation, voluntary abandonment will not bar an attempt conviction)
- Bucklew v. State, 206 So.2d 200 (Miss. 1968) (attempt requires overt act beyond preparation; abandonment after that does not bar conviction)
- Graham v. State, 185 So.3d 992 (Miss. 2016) (kidnapping conviction affirmed where asportation/constraint accompanied other violent offenses)
- Brooks v. State, 203 So.3d 1134 (Miss. 2016) (standard for sufficiency review: whether any rational trier of fact could find elements beyond a reasonable doubt)