Waits v. State
2013 Miss. LEXIS 414
| Miss. | 2013Background
- Defendant David Waits was indicted for deliberate-design murder and a firearm-use sentence enhancement under Miss. Code § 97-37-37; a Hinds County jury convicted him of manslaughter.
- Facts: After a brief interaction at a gas station, Waits shot Wavious McGee multiple times; investigators recovered 16 spent shell casings and a firearm in McGee’s vehicle; autopsy showed ~25 gunshot wounds.
- Several State witnesses testified McGee was unarmed and had his hands raised when shot; Waits testified he acted in self-defense, claiming McGee pointed a gun at him.
- Trial court sentenced Waits to 20 years for manslaughter (maximum under § 97-3-25); the sentencing order included a notation “ENH (GUN) 97-37-37.”
- On appeal Waits challenged (1) denial of his new-trial motion arguing the evidence supported self-defense, and (2) the constitutionality of the firearm enhancement under Apprendi because the jury never specifically found the firearm enhancement element beyond a reasonable doubt.
Issues
| Issue | Waits’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether trial court erred denying new-trial motion based on weight of evidence/self-defense | Evidence overwhelmingly showed excusable homicide; jury should have acquitted | Jury was entitled to resolve factual conflicts; State witnesses contradicted self-defense claim | Denial affirmed — jury reasonably rejected Waits’s self-defense; verdict not against overwhelming weight of the evidence |
| Whether sentence enhancement under § 97-37-37 violated Sixth Amendment/Apprendi because jury did not expressly find firearm use | Enhancement increases penalty beyond statutory maximum and required a jury finding beyond a reasonable doubt | Jury instruction referencing that defendant "did shoot" sufficed to submit firearm use to jury (relying on Johnson) | Enhancement reversed — jury did not specifically find firearm use as required by Apprendi; remand to strike gun-enhancement notation from sentencing order |
Key Cases Cited
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (any fact increasing penalty beyond statutory maximum must be jury-found beyond a reasonable doubt)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standard for overturning verdict as against the overwhelming weight of the evidence)
- Sheffield v. State, 749 So.2d 123 (Miss. 1999) (standard for appellate review of new-trial denials)
- Moore v. State, 859 So.2d 379 (Miss. 2003) (factual disputes are for the jury to resolve)
- Johnson v. State, 44 So.3d 365 (Miss. 2010) (where jury necessarily finds firearm use as element of convicted offense, separate finding under § 97-37-37 not required)