William Mack, Jr. v. State of Mississippi
237 So. 3d 778
| Miss. Ct. App. | 2017Background
- William Mack Jr. was indicted and tried separately for aggravated assault after Joseph Scott was shot on January 25, 2013; Scott identified Mack as the shooter and testified he knew Mack personally.
- Witnesses placed Mack and his father driving in a Jeep near the scene; shell casings were recovered but no gun or direct physical evidence linking Mack to the firearm was found.
- Detective Joel Scott prepared an affidavit used to obtain arrest warrants; the affidavit referenced statements attributed to a witness (Warren Randle) that Randle later denied giving at trial.
- Mack testified in his own defense claiming an alibi (out of town), but did not present corroborating witnesses; cross-examination explored inconsistencies and whether he had given a pretrial statement.
- The jury convicted Mack of aggravated assault; he received a 20-year sentence (17 years to serve, 3 years suspended) plus fines and post-release supervision. Mack appealed raising six issues; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument (Mack) | Defendant's Argument (State) | Held |
|---|---|---|---|
| 1. Court impartiality in dismissing venire members | Court improperly and partially excused jurors (e.g., Juror 26) leading to biased jury | Mack waived objections at trial; jurors who remained affirmed impartiality | Waived; no plain error — juror removals and voir dire adequate |
| 2. Probable cause for arrest warrant | Affidavit contained false/uncorroborated statements (attributed to Randle), so warrant lacked probable cause | Affidavit contained victim’s firsthand ID of Mack; hearsay can support probable cause under totality of circumstances | Procedurally barred; even under plain-error review probable cause existed based on victim’s ID |
| 3. Cross-exam about pretrial statement/self-incrimination | State’s questioning violated Fifth Amendment and required mistrial | Mack waived privilege by testifying; questions probed alibi credibility, not silence | No error — Mack waived privilege by testifying; no abuse of discretion in denying mistrial |
| 4. Jury instructions (S-1, S-4, S-5; refusal of D-1) | S-1 improperly tracked indictment and named “a gun”; S-4/S-5 unnecessary/repetitive | Instructions correctly stated law, aided jury on elements and "deadly weapon," and S-5 correctly explained identity/intent law | No abuse of discretion — instructions fairly stated law and matched evidence |
| 5. Denial of JNOV (sufficiency) | Evidence insufficient to support conviction | Victim ID, eyewitness accounts, shell casings, and circumstantial link supported conviction | Denial upheld; evidence sufficient for reasonable jurors to convict |
| 6. Motion for new trial (weight of evidence) | Verdict against overwhelming weight of evidence | Evidence did not preponderate so heavily against verdict to justify new trial | Denial upheld — not an unconscionable injustice |
Key Cases Cited
- Conerly v. State, 760 So. 2d 737 (Miss. 2000) (uncorroborated hearsay insufficient to support probable cause for warrant)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances test for probable cause)
- Harrell v. Duncan, 593 So. 2d 1 (Miss. 1991) (witness who testifies waives right against self-incrimination on relevant cross-examination)
- Boyd v. State, 47 So. 3d 121 (Miss. 2010) (instruction need not mirror statute word-for-word but must cover essential elements)
- Blanks v. State, 542 So. 2d 222 (Miss. 1989) (defendant need not know victim’s identity or possess ill will to commit aggravated assault)
- Kirk v. State, 160 So. 3d 685 (Miss. 2015) (standards for reviewing JNOV and weight-of-the-evidence motions)
- Carr v. State, 190 So. 3d 1 (Miss. Ct. App. 2015) (failure to object to jury composition waives challenge except under plain-error review)
- Keller v. State, 138 So. 3d 817 (Miss. 2014) (voir dire presumed sufficient; party must show court’s handling produced partial jury)