109 So. 3d 589
Miss. Ct. App.2013Background
- Taylor was indicted in Washington County for armed robbery, armed carjacking, kidnapping, house burglary, and felon in possession, with a firearm enhancement; verdicts were guilty on all counts.
- Sentences: 20 years (Count I), 20 (Count II), 20 (Count III), 10 (Count IV), 5 (Count V), and 10-year firearm enhancement, consecutive, MDOC custody.
- Motion for JNOV or new trial denied; Taylor appeals challenging sufficiency of burglary of a dwelling, the elements jury instruction, identity instruction, ineffective assistance, and denial of new trial.
- Victim Kendall Franklin testified; Taylor and Terry Johnson abducted Franklin, stole items from Franklin’s rooming-house residence, and Taylor held Franklin at gunpoint.
- Fingerprints: Taylor’s fingerprint recovered on Franklin’s car; defendant argues for misidentification defense and trial strategy discussions.
- Trial occurred in 2010 with sentencing in 2011; holdings affirm conviction and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for burglary of a dwelling | Taylor: rooming-house room not a dwelling | State: rooming-house room is a dwelling; proof met | Sufficiency upheld; room constitutes a dwelling |
| Elements jury instruction misdating offenses | Instruction amended indictment by including 16–17 Apr 2009 | Dates covered by indictment and alibi; no prejudice | No prejudice; instruction within indictment's time frame |
| Identity instruction required | Identity instruction needed if sole witness identifies defendant | Fingerprint at scene negates sole-witness reliance | Not required; misidentification covered by standard instruction |
| Ineffective assistance—alibi instruction | Alibi instruction should have been requested | Trial strategy supported not to pursue alibi instruction | No ineffective-assistance claim; strategic choice reserved |
| Ineffective assistance—impeachment and fingerprint challenge | Failure to impeach, challenge expert testimony | Strategic decision not to call defense expert; impeachment alternative pursued | No reversible error; trial strategy warranted |
| Denial of new trial | Verdict weight improperly supported by single eyewitness and fingerprint | Evidence sufficient; jury credibility reasoning proper | Denial of motion for new trial affirmed |
Key Cases Cited
- Bush v. State, 895 So.2d 836 (Miss. 2005) (sufficiency review standard; weight of evidence)
- Carr v. State, 770 So.2d 1025 (Miss. 2000) (plain-error in burglary dwelling context)
- Wilson v. State, 515 So.2d 1181 (Miss. 1987) (date notice and alibi considerations)
- Brunner v. State, 37 So.3d 645 (Miss. Ct. App. 2009) (misidentification guidance in fingerprint/evidence)