247 So. 3d 345
Miss. Ct. App.2018Background
- In March 2012 Tracey Lynn Garner (unlicensed) injected Karima Gordon with silicone in Garner's Jackson, MS residence; Gordon developed respiratory distress and died March 24, 2012.
- Evidence at trial: witness testimony about texts/calls and directions, Green Dot MoneyPak $200 payment to Natasha Stewart, autopsy showing silicone in buttocks and lungs, treatment records showing pulmonary emboli, and items seized from Garner's home (silicone, large syringes, veterinary syringes, superglue).
- Garner was indicted and tried for depraved-heart murder and conspiracy to commit wire fraud (charged as conspiring with Stewart to induce Gordon to send $200 by falsely representing Garner was a licensed medical professional).
- The State presented three medical experts: Dr. Mendieta (plastic surgeon), Dr. Stankeyeva (treating internist), and Dr. Atkinson (forensic pathologist); each testified the March 16 injections caused Gordon's symptoms/death.
- Jury convicted Garner of depraved-heart murder and conspiracy to commit wire fraud; Garner appealed, challenging admissibility/reliability of expert testimony and sufficiency of evidence on the conspiracy count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility/reliability of expert testimony (three State physicians) | Experts lacked reliable methodology or qualifications to opine that March injections caused death; Hawkins-type critique | Trial court properly admitted testimony; experts had training/experience and testimony was helpful and within discretion | Court affirmed admission; trial court did not abuse discretion for any of the three experts |
| Scope of Dr. Mendieta's redirect testimony (timeframe to death) | Redirect opinion on timing was speculative and beyond expertise | Defense opened the door on cross; redirect was proper rebuttal and within expert's knowledge | Court upheld redirect testimony as permissible rebuttal and within expert knowledge |
| Treating physician's (Dr. Stankeyeva) causation opinion | Opinion was unreliable, based on temporal proximity and not peer-reviewed science | Treating physician may give lay and expert opinion based on clinical course; testimony reliable and helpful | Court held testimony admissible and reliable enough under Mississippi law |
| Sufficiency of evidence for conspiracy to commit wire fraud | Stewart's prior acquittal precludes prosecution / insufficient proof of agreement between Garner and Stewart | Stewart's acquittal doesn't bar conviction of co-conspirator; evidence (calls/texts, transfers, directions, phone contacts) supports conspiracy | Court held Stewart's acquittal did not automatically preclude conviction, but found insufficient evidence of an agreement between Garner and Stewart to commit wire fraud; reversed and rendered acquittal on conspiracy count |
Key Cases Cited
- Gray v. State, 202 So.3d 243 (Miss. Ct. App. 2015) (standard for appellate review of expert admissibility)
- Willie v. State, 204 So.3d 1268 (Miss. 2016) (Rule 702 relevance and reliability framework)
- Miss. Transp. Comm'n v. McLemore, 863 So.2d 31 (Miss. 2003) (rejection of Frye general-acceptance test)
- Hawkins v. Florida, 933 So.2d 1186 (Fla. Dist. Ct. App. 2006) (excluded expert silicone-migration opinion relied on in briefing)
- Daubert v. Merrell Dow Pharm., 509 U.S. 579 (U.S. 1993) (gatekeeping role and factors for scientific evidence)
- Kumho Tire Co. v. Carmichael, 526 U.S. 137 (U.S. 1999) (Daubert principles apply to all expert testimony)
- United States v. Zuniga-Salinas, 952 F.2d 876 (5th Cir. 1992) (acquittal of co-conspirators does not bar conviction of another conspirator)
- James v. State, 481 So.2d 805 (Miss. 1985) (conspiracy requires union of minds; single actor cannot conspire with self)
- Lee v. State, 756 So.2d 744 (Miss. 1999) (insufficiency where no evidence of shared plan or intent)
- Cowart v. State, 178 So.3d 651 (Miss. 2015) (standard for reviewing sufficiency of evidence)