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Ambrose v. State

Supreme Court of Mississippi

December 12, 2013

MICHAEL DEMETRIUS AMBROSE a/k/a MICHAEL D. AMBROSE a/k/a MICHAEL AMBROSE a/k/a MICHAEL DEMETRIC AMBROSE
v.
STATE OF MISSISSIPPI

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT. DATE OF JUDGMENT: 08/14/2012. TRIAL JUDGE: HON. ROGER T. CLARK.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: HUNTER NOLAN AIKENS, GEORGE T. HOLMES.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: STEPHANIE BRELAND WOOD.

BEFORE DICKINSON, P.J., KITCHENS AND CHANDLER, JJ. WALLER, C.J., DICKINSON AND RANDOLPH, P.JJ., LAMAR, CHANDLER, PIERCE, KING AND COLEMAN, JJ., CONCUR.

OPINION

Page 787

NATURE OF THE CASE: CRIMINAL - FELONY

KITCHENS, JUSTICE.

¶1. Michael Ambrose was indicted for capital murder while in the commission of a robbery in Harrison County, Mississippi. After his trial in August 2012, the jury acquitted Ambrose of capital murder and found him guilty of deliberate design murder. The trial court sentenced Ambrose to life imprisonment. Ambrose appealed, arguing that:

1. The evidence is insufficient to support the verdict.
2. The verdict is against the overwhelming weight of the evidence, which establishes that Ambrose either acted in necessary self-defense or was guilty, at most, of manslaughter.
3. Ambrose received constitutionally ineffective assistance of counsel due to trial counsel's failure to request an instruction on imperfect self defense.

¶2. We affirm Michael Ambrose's conviction and sentence, finding that issues one and two are without merit, because sufficient evidence to support a murder verdict was adduced and the verdict was not against the overwhelming weight of the evidence. Further, we dismiss Ambrose's claim of ineffective assistance of counsel without prejudice to his ability to raise it in post-conviction proceedings.

Page 788

FACTS AND PROCEDURAL HISTORY


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