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Moore v. State

Court of Appeals of Mississippi

July 30, 2013

C.W. MOORE a/k/a Charles Moore a/k/a C.W., Appellant
v.
STATE of Mississippi, Appellee.

Page 1117

George T. Holmes, Jackson, Hunter Nolan Aikens, attorneys for appellant.

Office of the Attorney General by Ladonna C. Holland, attorney for appellee.

Before GRIFFIS, P.J., MAXWELL and FAIR, JJ.

MAXWELL, J.

¶ 1. Charles Moore, a/k/a C.W., shot Horace Walker Jr. outside Moore's nightclub in Clarksdale, Mississippi. He was convicted of aggravated assault and sentenced to twelve years' imprisonment, with five years suspended. He now appeals.

¶ 2. His appellate counsel submitted a " Lindsey brief" [1]— a brief in which counsel, after detailing the facts and procedural history, certified he had diligently scoured the record but could find no arguable issues for appeal. After an independent review of the record, we too are satisfied that no arguable error occurred. We affirm Moore's judgment of conviction and sentence.

Background

¶ 3. The afternoon before the August 8, 2011 shooting, Moore's brother, George, and Moore's victim, Walker, were playing cards at Moore's nightclub, C.W.'s. According to witnesses, George and Walker got into a fight that ended in Walker saying as he left, " Somebody's gonna die."

¶ 4. Walker returned to the club later that evening, this time getting into a fight with Moore. Moore pulled a knife on Walker and kicked him out of the club. Walker threatened, " It ain't over with." Though Moore ended up calling the police, Walker was gone by the time an officer arrived.

¶ 5. Around 2:30 a.m., Walker made a third trip to C.W.'s. Moore was swatting his nephew with a pool cue for taking bags of potato chips from the bar without permission when Walker encountered Moore in the parking lot. George was also in the parking lot. According to witnesses, George walked up to Walker and put his hands in Walker's face. When Walker knocked George's hands away, George told his brother Moore, who had a gun, to " shoot him." And Moore did.

¶ 6. Walker sustained a gunshot wound to the abdomen and was taken to a local hospital for treatment. Moore told the police, " I'm the one who shot him and I wish he had died." An officer recovered Moore's .38-caliber pistol from his truck.

¶ 7. At trial, Moore claimed self-defense. He testified that Walker approached him, not his brother, while he had his gun drawn. And it was when Walker knocked

Page 1118

Moore's hand that Moore fired the gun. While Moore admitted he never saw a gun on Walker, he testified that he knew Walker had a gun and ...


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