176 So. 3d 37
Miss. Ct. App.2014Background
- Tillis was convicted of manslaughter after a trial in Hinds County circuit court.
- The case centered on Olowo-Ake’s death following a Texaco shooting on April 11, 2010.
- The State admitted the coroner’s testimony and report regarding Olowo-Ake’s death.
- The defense challenged closing arguments, evidentiary rulings, and various trial-process issues.
- The court denied Tillis’s post-trial motions and affirmed the manslaughter conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of coroner testimony and report | Tillis; coroner violated confrontation rights | State; coroner’s testimony supported by records | Procedurally barred; no abuse of discretion |
| Closing argument on coroner’s classification | Improper and prejudicial comment | No reversible plain error; wide latitude in closing | No reversible error; not plain error |
| Due process and trial fairness (spoliation and transcript) | Video loss and incomplete transcript harmed defense | No due-process violation; no prejudice shown | No due-process violation; spoliation instruction not required; transcript sufficient |
| Request for NCIC report; Brady/J9.04 failure | NCIC material; disclosure required | No material or exculpatory value shown; no violation | No Brady or Rule 9.04 violation; denial proper |
| Weathersby rule and sufficiency | Witnesses Tillis and Evern only eyewitnesses | Other eyewitnesses contradict Tillis; Weathersby inapplicable | Weathersby rule not applicable; evidence sufficient to sustain conviction |
Key Cases Cited
- Weathersby v. State, 165 Miss. 207, 147 So. 481 (Miss. 1933) (Weathersby rule: when defendant’s witnesses are the only eyewitnesses, their version may be accepted unless contradicted)
- Baskin v. State, 991 So.2d 179 (Miss.Ct.App. 2008) (closing-argument plain-error review and broad prosecutorial latitude)
- Dunaway v. State, 551 So.2d 162 (Miss. 1989) (improper prosecutorial comments require reversal only if prejudice)
- Flowers v. State, 842 So.2d 531 (Miss.2003) (prosecutor may comment on facts admitted into evidence)
- Murray v. State, 849 So.2d 1281 (Miss.2003) (defendant cannot complain about evidence elicited by cross-examination)
- Murray v. State, 849 So.2d 1281 (Miss.2003) (discovery rules; public-record and corroboration principles)
- Price v. State, 892 So.2d 294 (Miss.Ct.App.2004) (jury credibility and weight of witness testimony within jury’s province)