Michael Miller v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2003-KA-00016-COA
MICHAEL MILLER
APPELLANT
v.
STATE OF MISSISSIPPI
APPELLEE
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
11/15/2002
HON. KEITH STARRETT
WALTHALL COUNTY CIRCUIT COURT
GUS GRABLE SERMOS
OFFICE OF THE ATTORNEY GENERAL
BY: JEAN SMITH VAUGHAN
DEE BATES
CRIMINAL - FELONY
GUILTY OF CAPITAL MURDER AND
SENTENCED TO LIFE WITHOUT PAROLE.
AFFIRMED - 10/05/2004
BEFORE KING, C.J., LEE, P.J., IRVING AND MYERS, JJ.
LEE, P.J., FOR THE COURT:
PROCEDURAL HISTORY
¶1.
On November 15, 2002, a jury in the Circuit Court of Walthall County found Michael Miller guilty
of capital murder. Miller was sentenced to serve a term of life in prison without parole in the custody of
the Mississippi Department of Corrections. Miller then filed a motion for a judgment notwithstanding the
verdict or, in alternative, for a new trial. The trial judge denied this motion on December 12, 2002. Miller
now appeals to this Court asserting that the trial judge erred in denying his motion for a judgment
notwithstanding the verdict.
FACTS
¶2.
On March 3, 2002, Ruby Daughtery discovered the body of Clarence Stiner, her father, dead in
his home. Stiner had died from a gunshot wound to the back of the head. Forensics determined that Stiner
had been killed sometime on the morning of March 1. Over the course of the investigation, Miller gave
three audiotaped statements and one videotaped statement to the sheriff's deputies. On the first audiotape,
Miller stated that a man named Rick killed Stiner, but that he did take $430 dollars from Stiner's pocket
after Stiner was killed. On the second audiotape, Miller stated that Rick and another man, Teamus Magee,
were both present at the time Rick shot Stiner. Miller again said that he took $430 out of Stiner's pocket,
but also that Rick took money out of Stiner's wallet. On the third audiotape, Miller said that he had killed
Stiner, hid the gun between two mattresses, and took $430 out of Stiner's pocket. On the videotaped
statement, which was taken approximately three weeks after the audiotaped statements, Miller recanted
his earlier confession, stating that he robbed Stiner but did not kill him.
DISCUSSION
I. DID THE TRIAL JUDGE ERR IN DENYING MILLER'S MOTION FOR A JUDGMENT
NOTWITHSTANDING THE VERDICT?
¶3.
In his only issue Miller asserts that the trial judge erred in denying his motion for a judgment
notwithstanding the verdict. Specifically, Miller argues that the evidence was insufficient to support the
guilty verdict. When testing the legal sufficiency of the State's evidence, the applicable standard of review
is as follows: "the court must review the evidence in the light most favorable to the [S]tate, accept as true
all the evidence supporting the guilty verdict, and give the prosecution the benefit of all favorable inferences
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that may reasonably be drawn from the evidence." McClain v. State, 625 So. 2d 774, 778 (Miss. 1993).
The court will reverse only when reasonable and fair-minded jurors could find the accused not guilty. Wetz
v. State, 503 So. 2d 803, 808 (Miss. 1987). Furthermore, it has long been a rule in Mississippi that it is
within the discretion of the jury to accept or reject testimony by a witness, and the jury "may give
consideration to all inferences flowing from the testimony." Mangum v. State, 762 So. 2d 337 (¶12)
(Miss. 2000) (quoting Grooms v. State, 357 So. 2d 292, 295 (Miss. 1978)).
¶4.
Mississippi Code Annotated Section 97-3-19 (Rev. 2000), states that capital murder is "(2) [t]he
killing of a human being without the authority of law by any means or in any manner shall be capital murder
in the following cases . . . (e) [w]hen done with or without any design to effect death, by any person
engaged in the commission of the crime of . . . robbery." Miller argues that the evidence is insufficient to
support a conviction of capital murder because it does not show that Stiner was killed "during the
commission" of the armed robbery. Mississippi recognizes the "one continuous transaction rationale" in
capital cases. West v. State, 553 So. 2d 8, 13 (Miss. 1989). There this Court stated:
In Pickle v. State, 345 So. 2d 623 (Miss. 1977), we construed our capital murder statute
and held that 'the underlying crime begins where an indictable attempt is reached. . . .' 345
So .2d at 626; see also Layne v. State, 542 So. 2d 237, 243 (Miss. 1989); Fisher v.
State, 481 So. 2d 203, 212 (Miss. 1985); and Culberson v. State, 379 So. 2d 499,
503-04 (Miss. 1979). . . . An indictment charging a killing occurring 'while engaged in the
commission of' one of the enumerated felonies includes the actions of the defendant leading
up to the felony, the attempted felony, and flight from the scene of the felony.
West v. State, 553 So. 2d at 13. The supreme court also found that it was irrelevant when the victims
died, whether it was before or after the money was taken, because it was clear that they died during the
commission of the armed robbery. Turner v. State, 732 So. 2d 937 (¶48) (Miss. 1999).
¶5.
Miller admitted on three separate occasions that he stole $430 from Stiner's pocket immediately
after Stiner was killed. Miller also admitted on one occasion that he killed Stiner. Considering all the
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discrepancies in Miller's various confessions and reviewing the evidence in the light most favorable to the
State, we find the jury could easily infer that Miller knew about the $430 in Stiner's front pocket, shot Stiner
in the back of the head, and proceeded to take the money from Stiner's pocket. We do not find that
reasonable and fair-minded jurors could only find Miller not guilty; thus, we find no merit to this issue.
¶6.
THE JUDGMENT OF THE WALTHALL COUNTY CIRCUIT COURT OF
CONVICTION OF CAPITAL MURDER AND SENTENCE OF LIFE WITHOUT PAROLE IN
THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS IS AFFIRMED.
COSTS OF THIS APPEAL ARE ASSESSED TO WALTHALL COUNTY.
KING, C.J., BRIDGES, P.J., IRVING, MYERS, CHANDLER, GRIFFIS AND
BARNES, JJ., CONCUR. ISHEE, J., NOT PARTICIPATING.
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