Kingston v. State
| Docket Number: | 2001-KA-00749-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 05-22-2003 Opinion Author: Graves, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Weight of evidence - Accomplice jury instruction Judge(s) Concurring: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley and Carlson, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-17-2000 Appealed from: Hancock County Circuit Court Judge: John H. Whitfield Disposition: The Appellant was convicted of murder and sentenced to life. District Attorney: Cono A. Caranna, II Case Number: 99-0175 |
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| Note: | Appellee's motion to strike portions of the appellant's brief and record excerpts is denied. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Patricia Ann Kingston |
BRIAN BIENVENU ALEXANDER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: WAYNE SNUGGS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Murder - Weight of evidence - Accomplice jury instruction |
| Summary of the Facts: | Patricia Kingston was convicted of murder and sentenced to life imprisonment. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence Kingston argues that the verdict was against the overwhelming weight of the evidence, because the testimony of her accessory to the crime is neither reliable, trustworthy, nor credible. Sufficient evidence exists to justify the jury’s verdict because Kingston was convicted pursuant to independent evidence as well as the accessory’s testimony. In addition, the jury had the right to determine the credibility of the accessory’s testimony. The jury was informed about his alleged drug use, the plea agreement he entered with the State, and the fact that if he changed his statement, he could face penalties for perjury. Issue 2: Accomplice jury instructions Kingston argues that the court erred by failing to grant two jury instructions, because the jury was allowed to deliberate without proper instructions covering the special circumstances surrounding the uncorroborated and suspicious immunized testimony. Kingston has failed to present case law which demonstrates how the judge erred in refusing to give jury instructions. Therefore, the issue is procedurally barred. |
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