Bernard Carter v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2002-KA-00068-COA
BERNARD CARTER
APPELLANT
v.
STATE OF MISSISSIPPI
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:
APPELLEE
9/6/2001
HON. R. I. PRICHARD, III
MARION COUNTY CIRCUIT COURT
CHARLES E. LAWRENCE
OFFICE OF THE ATTORNEY GENERAL
BY: JEAN SMITH VAUGHAN
CLAIBORNE MCDONALD
CRIMINAL - FELONY
MURDER - LIFE
AFFIRMED - 5/13/2003
BEFORE KING, P.J., MYERS AND GRIFFIS, JJ.
MYERS, J., FOR THE COURT:
¶1.
Bernard Carter was tried by a jury and sentenced to life in prison for the murder of Curtis Jackson
by the Circuit Court of Marion County. Aggrieved by this judgment, Carter appeals to this Court,
asserting:
I. THE PROSECUTION FAILED TO PROVE GUILT OF MURDER AGAINST THE
DEFENDANT BEYOND A REASONABLE DOUBT.
II. THE TRIAL COURT ERRED IN DENYING DEFENDANT’S MOTION TO
DISMISS FOR FAILURE TO PROVE THE ELEMENT OF DELIBERATE DESIGN.
Facts
¶2.
On May 13, 2000, Carter got into an argument with Curtis Jackson concerning Carter’s current
girlfriend. The confrontation resolved without any violence, but apparently Carter’s temper did not subside.
¶3.
Later that day, Carter found a handgun and told witnesses that he was going to “get” Jackson.
Carter drove to Reginald Young’s house and shot Jackson while Jackson was in the driveway talking on
a cordless phone. Jackson did not have a weapon.
¶4.
At trial, Carter claimed he fired in self-defense, but the jury returned a verdict of guilty on the
charge of deliberate design murder.
Legal Analysis
I. DID THE PROSECUTION FAIL TO PROVE GUILT OF MURDER AGAINST
THE DEFENDANT BEYOND A REASONABLE DOUBT?
¶5.
Carter argues that the evidence did not support the jury’s verdict of guilty.
In reviewing a challenge to the sufficiency of the evidence, this Court is obligated to view
the evidence in the light most favorable to sustaining the conviction. We are authorized to
set aside a jury's verdict only if we are convinced that, as to one of the essential elements
of the crime, the State's proof was so deficient that a reasonable and fair-minded juror
could only find the defendant not guilty.
Byars v. State, 835 So. 2d 965, 970 (¶13) (Miss. Ct. App. 2003) (citing Bradford v. State, 736 So. 2d
464 (¶6) (Miss. Ct. App.1999)). We find there was sufficient evidence to support the verdict.
¶6.
Deliberate design murder has the following elements: (1) the killing of a human being; (2) without
the authority of law; (3) and done with deliberate design to effect the death of a human being. Miss. Code
Ann. § 97-3-19(1)(a) (Rev. 2000). Four eyewitnesses testified they saw Carter point a gun and fire at
Jackson. They testified that Jackson was unarmed and made no gestures to suggest that he had a weapon
or that he intended any harm to Carter. Witnesses also testified that Carter, after the first confrontation of
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the day, acquired a gun and made purposeful efforts to located Jackson. From this evidence, a jury could
reasonably have found that Carter had a deliberate design to kill Jackson and that he carried out that plan.
II. DID THE TRIAL COURT ERR IN DENYING DEFENDANT’S MOTION TO
DISMISS FOR FAILURE TO PROVE THE ELEMENT OF DELIBERATE DESIGN?
¶7.
After the trial, Carter filed a motion with the trial court for a new trial, claiming that the verdict was
against the overwhelming weight of the evidence. On appeal, he elaborates and states his belief that the
State failed to prove the “deliberate design” element of deliberate design murder.
¶8.
Our standard of review limits us to reversing a circuit judge’s decision to deny a motion for a new
trial only when there is manifest error. Windham v. State, 800 So. 2d 1257, 1264 (¶19) (Miss. Ct. App.
2001). If there was any error in the trial judge’s decision, it did not rise to manifest error.
¶9.
The Mississippi Supreme Court has held “deliberate design” as used in “deliberate design murder”
to be synonymous with “malice aforethought,” “premeditated,” and the “intent to kill.” Hawthorne v. State,
835 So. 2d 14, 19-20 (¶¶ 21-22) (Miss. 2003) (citations omitted). A more thorough definition has been
expressed as “full awareness of what one is doing; it generally implies careful and unhurried consideration
of the consequences along with calculation, planning and contemplation.” Windham v. State, 520 So. 2d
123, 126 (Miss. 1987).
¶10.
Carter had a verbal altercation with Jackson earlier in the day on the day of Jackson’s death. After
Jackson left the scene, Carter sought him out, and learned that Jackson was at the house of his friend,
Reginald Young. After finding a gun, Carter drove to Young’s house and again exchanged words with
Jackson. Jackson went into the house for a few minutes and came out with a telephone to his ear. Carter
then shot Jackson. The effort Carter put forth in locating Jackson and obtaining a gun shows a deliberate
plan to kill Jackson. The jury must apparently have thought so since it also had the option of finding Carter
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either guilty of manslaughter or not guilty of Jackson’s homicide. We hold that the State adequately proved
the “deliberate design” element of deliberate design murder.
¶11. THE JUDGMENT OF THE CIRCUIT COURT OF MARION COUNTY OF
CONVICTION OF MURDER AND SENTENCE OF LIFE IN THE CUSTODY OF THE
MISSISSIPPI DEPARTMENT OF CORRECTIONS IS AFFIRMED. ALL COSTS OF THIS
APPEAL ARE ASSESSED TO MARION COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE,
IRVING, CHANDLER AND GRIFFIS, JJ., CONCUR.
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