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Robinson v. State12/2/1999
DATE OF JUDGMENT: 06/22/1998
TRIAL JUDGE: HON. JANNIE M. LEWIS
COURT FROM WHICH APPEALED: HUMPHREYS COUNTY CIRCUIT COURT
BY: BILLY L. GORE
DISTRICT ATTORNEY: JAMES H. POWELL, III
NATURE OF THE CASE: CRIMINAL - FELONY
DISPOSITION: AFFIRMED - 12/02/1999
STATEMENT OF THE CASE
. This is a criminal appeal from the Humphreys County Circuit Court, where Jeanetta Robinson was convicted of murder on June 22, 1998. Robinson was sentenced to life imprisonment in the custody of the Mississippi Department of Corrections (MDOC).
On appeal to this Court, Robinson raises four issues:
I. WHETHER THE TRIAL COURT ERRED:
(a) IN REFUSING TO GRANT A DIRECTED VERDICT AT THE CLOSE OF THE STATE'S CASE-IN-CHIEF; OR (b) IN DENYING PEREMPTORY INSTRUCTION AT THE CLOSE OF ALL THE EVIDENCE; OR (c) IN DENYING THE MOTION FOR A NEW TRIAL OR FOR A JUDGMENT NOTWITHSTANDING THE VERDICT, AS SUCH VERDICT WAS CONTRARY TO THE LAW AND AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.
II. WHETHER THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE STATE'S EXHIBIT S-1, A COLOR PHOTOGRAPH OF THE VICTIM AT THE CRIME SCENE.
III. WHETHER THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE SEVERAL AUTOPSY PHOTOGRAPHS THAT DID NOT BECOME AVAILABLE TO EITHER THE STATE OR THE DEFENSE UNTIL THE MORNING OF TRIAL.
IV. WHETHER THE TRIAL COURT ERRED IN ALLOWING THE TESTIMONY OF A WITNESS WHO REVEALED AT TRIAL, FOR THE FIRST TIME, THAT THE DEFENDANT HAD TOLD THE WITNESS OF A ROBBERY MOTIVE.
STATEMENT OF THE FACTS
. Julia McKay, age seventy-nine years, was found dead at her home in Louise, Mississippi, as a result of numerous stab wounds. Jeanetta Robinson, age twenty-two, was arrested and gave a written and tape recorded statement to law enforcement authorities admitting to the stabbing of McKay. At trial, eight witnesses testified for the State during its case-in-chief.
. One investigator testified that Robinson had initially denied knowing anything about the killing, but she later admitted that she had gone to McKay's home to use the telephone in order to call somebody to come and pick her up and take her baby to the doctor. According to Robinson's statement, after she took the telephone out of the bedroom, at some point McKay, for some unexplained reason, attacked her making Robinson mad. Robinson fought back by grabbing a knife and stabbing the victim. During the attack, Robinson apparently lost a scarf and a watch and later went back to the house to retrieve these items.
. Mildred Drain, a long time resident of Louise, who knew both McKay and Robinson, testified for the State that she saw Robinson the day the murder occurred and questioned her about what she thought were blood stains on Robinson's shirt. Drain further testified that she had again discussed the stains on the shirt when Robinson and her Auntie visited in Drain's home, and Robinson continued to deny that it was blood, saying rather that it was just a pattern on a designer shirt. Later, when Robinson and Drain were both in jail (Drain on a DUI charge), Robinson told Drain that she had gone to McKay's house in order to rob her. This information did not become available until the day of the trial. At trial the Judge confirmed that when the State learned about Drain's statement, the State immediately informed the defense, whereupon the court asked if the defense needed additional time. The defense first objected, saying the State could have interviewed Drain months sooner, but did not ask for a continuance.
The Judge stated:
I'
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