Weatherspoon v. State
2011 Miss. LEXIS 39
| Miss. | 2011Background
- Weatherspoon was convicted by a Bolivar County Circuit Court jury of aggravated assault and murder, with consecutive sentences of 20 years and life imprisonment.
- Weatherspoon appeals only the murder conviction, arguing the trial court abused its discretion by denying a new-trial motion based on weight of the evidence.
- The shooting occurred at the Hurricane Club in Cleveland; McKinney was killed, and Foster was also shot during a nearby melee.
- Multiple witnesses testified Weatherspoon fired her weapon during the fight; some witnesses identified her as the shooter, while others claimed she had no gun or that another shooter was involved.
- Forensic evidence indicated a .22 caliber bullet killed McKinney and suggested no .22 shell casings were found at the parking lot, while shell casings of other calibers were found.
- Weatherspoon initially described the gun as a revolver but later suggested a different caliber; investigators could not definitively recover the murder weapon.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the murder verdict is against the weight of the evidence | Weatherspoon argues the weight of the evidence favors acquittal. | State contends the evidence supports the verdict beyond reasonable doubt and is not against the weight of the evidence. | Verdict not against the overwhelming weight of the evidence. |
Key Cases Cited
- Bush v. State, 895 So.2d 886 ((Miss. 2005)) (new-trial standard: only for exceptional cases where evidence preponderates against verdict)
- Herring v. State, 691 So.2d 948 ((Miss. 1997)) (weight-of-evidence standard and discretion for new trial)
- Amiker v. Drugs For Less, Inc., 796 So.2d 942 ((Miss. 2000)) (exceptional-case preponderance language for new-trial inquiry)
- Russell v. State, 497 So.2d 75 ((Miss. 1986)) (malice may be inferred from use of a deadly weapon)