313 So.3d 533
Miss. Ct. App.2021Background
- Victim Elex “Skeeter” Wilson was shot six times while seated in his car at Nosef Apartments; all wounds were "distant" (gun >3 ft.), and seven 9mm casings were found at scene.
- Eyewitness Chantel Williams saw Wilson in a car with a hooded man shortly before shots; she saw a hooded man run away after gunfire and tried to aid Wilson, who died.
- Willie Hearns initially denied involvement, then admitted in a recorded interview that he shot Wilson after an argument about money, claiming self‑defense (said Wilson had pointed a gun); police did not recover any gun from the car or the gun Hearns disposed of.
- Forensics: palm print of Hearns found on passenger door; all casings fired from the same gun; a loose .32 round in the car could not fit a 9mm; autopsy described six wounds but the examiner did not testify as to the order shots were fired.
- Hearns was indicted for first‑degree murder, convicted by a jury, sentenced to life, and appealed, raising three issues: improper prosecutor argument (facts not in evidence), erroneous jury instruction on deliberate design, and ineffective assistance for requesting a self‑defense instruction.
Issues
| Issue | Plaintiff's Argument (Hearns) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether prosecutor argued facts not in evidence in closing (order of shots/arm position) | Prosecutor improperly asserted the first shot hit shoulder, inferring arm was down; no evidence established order of wounds. | Comment was an inference from evidence and harmless because jury was instructed that counsel argument is not evidence. | Court: Comment was error but isolated and cured by jury instructions; not reversible. |
| Whether Jury Instruction on "deliberate design" was erroneous/confusing | Instruction (No. 8) confusing/argumentative; appellate objection raised broader complaints than at trial. | Instructions read together (including defendant's requested No. 9) correctly defined that deliberate design cannot be formed at the very moment of the killing but may form moments before. | Court: No reversible error; instructions fairly announced the law and were consistent with precedent. |
| Whether counsel was ineffective for requesting Jury Instruction No. 10 (self‑defense language) | Instruction prejudiced Hearns by stating self‑defense "would not apply" if excessive force used, allegedly cutting off his claim. | Instruction correctly stated the law that self‑defense is not available if more force than reasonably necessary is used; similar instructions have been approved. | Court: No ineffective assistance; instruction correctly stated law and did not bar self‑defense claim. |
Key Cases Cited
- Wilson v. State, 194 So. 3d 855 (Miss. 2016) (prosecutor may comment on facts in evidence but may not state facts not in evidence)
- Jackson v. State, 174 So. 3d 232 (Miss. 2015) (arguing facts not in evidence is error when prejudicial)
- Randall v. State, 806 So. 2d 185 (Miss. 2001) (improper prosecutorial comment cured by jury instructions when isolated)
- Theodore v. State, 798 So. 2d 465 (Miss. 2001) (instructions read as a whole; deliberate design may be formed shortly before act but not at the very moment)
- Craft v. State, 970 So. 2d 178 (Miss. Ct. App. 2007) (approved substantially similar deliberate‑design instructions)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- Boston v. State, 234 So. 3d 1231 (Miss. 2017) (courts disapprove instructions that preclude assertion of self‑defense)
- Griffin v. State, 495 So. 2d 1352 (Miss. 1986) (a person may not use more force than reasonably appears necessary to defend oneself)