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Green v. State

August 18, 1998

LEO GREEN, JR., APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before Thomas, P.j., Diaz, And Herring, JJ.

The opinion of the court was delivered by: Herring, J., For The Court:

Green v. State, 96-KA-01083-COA

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 05/10/96

TRIAL JUDGE: HON. THOMAS J. GARDNER III

COURT FROM WHICH APPEALED: LEE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: MURDER: SENTENCED TO SERVE A TERM OF LIFE IN THE MDOC

DISPOSITION AFFIRMED

Leo Green was convicted of the murder of his fifteen-year-old girlfriend and sentenced to life imprisonment. He appeals from the judgment of the Circuit Court of Lee County and assigns the following issues on appeal:

I. WHETHER SUFFICIENT EVIDENCE WAS PRESENTED TO CONVICT, APPELLANT ON THE INDICTED CHARGE.

II. THE COURT ERRED IN GRANTING "FLIGHT INSTRUCTION" DESPITE COURT'S AWARENESS OF EXPLANATION FOR FLIGHT OTHER THAN GREEN'S GUILT.

III. THE COURT ERRED IN ALLOWING THE WEAPON OVER THE OBJECTION OF THE DEFENDANT WHERE THE PROSECUTION DID NOT LAY THE PROPER FOUNDATION FOR INTRODUCTION AND DID NOT REQUIRE THE PROSECUTION TO SATISFY THE "CHAIN OF CUSTODY" OF SAID WEAPON.

IV. THE TRIAL COURT ERRED IN DENYING APPELLANT'S MOTION FOR DIRECTED VERDICT, BOTH AT THE CLOSE OF THE STATE'S CASE AND AT THE CLOSE OF THE ENTIRE CASE, AND IN DENYING MOTION FOR NEW TRIAL.

V. THE TRIAL COURT ERRED IN ADMITTING INTO EVIDENCE, APPELLANT'S STATEMENT.

VI. THE COURT ERRED IN NOT GIVING CIRCUMSTANTIAL EVIDENCE INSTRUCTION.

VII. THE COURT ERRED IN FAILING TO APPLY THE WEATHERSBY RULE.

VIII. THE COURT ERRED IN ALLOWING THE STATE TO MAKE PREJUDICIAL REFERENCE TO PRIOR CRIMES IN VIOLATION OF M.R.E. RULE 404.

IX. THE EVIDENCE PRESENTED PROVED TO BE INSUFFICIENT WHERE GREAT RELIANCE WAS PLACED ON THE UNCORROBORATED, INCREDIBLE TESTIMONY OF THE VICTIM'S MINOR SISTER.

X. WHETHER THE TRIAL COURT ERRED IN ADMITTING UNNECESSARY AND GRUESOME AUTOPSY PHOTOGRAPHS (SLIDES) INTO EVIDENCE AND THAT THE DEFENDANT WAS FURTHER PREJUDICED BY THEIR PRODUCTION ON THE DATE OF TRIAL.

We find no merit to any of the issues raised and affirm the conviction and sentence.

FACTS

On the evening of October 4, 1994, Sherry Lester, a fifteen-year-old ninth grader, was shot and killed in her home on Bissell Road in Lee County. Leo Green was alone in the bedroom with Lester, his girlfriend of three years, at the time of the shooting. Green testified at trial that the shooting ...


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