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Humphrey v. State

Court of Appeals of Mississippi

March 25, 2014

OMAR HUMPHREY A/K/A OMAR KHAYYAN HUMPHREY A/K/A OMAR K. HUMPHREY, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

Page 561

COURT FROM WHICH APPEALED: TATE COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 07/30/2012. TRIAL JUDGE: HON. JAMES MCCLURE III. TRIAL COURT DISPOSITION: DENIED MOTION FOR POST-CONVICTION RELIEF.

FOR APPELLANT: IMHOTEP ALKEBU-LAN, CHOKWE LUMUMBA.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LADONNA C. HOLLAND.

BEFORE IRVING, P.J., MAXWELL AND JAMES, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR.

OPINION

Page 562

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

JAMES, J.,

¶1. Omar Humphrey was convicted of capital murder and sentenced to life imprisonment without the possibility of parole. Humphrey filed a direct appeal, and the Mississippi Supreme Court affirmed his conviction and sentence. The supreme court granted Humphrey's motion for leave to file a motion for post-conviction collateral relief (PCR) in the trial court, limiting the issue to the newly discovered evidence alleged by Humphrey in his motion. Following an evidentiary hearing, the trial court denied Humphrey's PCR motion. Humphrey appealed. Finding no error, we affirm.

FACTS

¶2. On November 6, 1997, Humphrey was indicted by a Tate County grand jury for conspiracy to commit burglary and for the capital murder of Virginia Phillips. Following a jury trial, Humphrey was found guilty of capital murder and sentenced to life imprisonment without the possibility of parole. Humphrey appealed and the Mississippi Supreme Court affirmed his conviction and sentence.[1]

¶3. In December 2009, Humphrey filed a motion for leave to proceed in the trial court, claiming that newly discovered evidence entitled him to a new trial. An affidavit from Patrick Reid,[2] a State witness who testified against Humphrey in his criminal trial, was attached to Humphrey's motion. In the affidavit, Reid claimed that the statements that he provided law enforcement and his testimony at Humphrey's trial were fabricated. Two affidavits from Dennis Carroll, Reid's stepfather, were also attached. In the affidavits, Carroll claimed that, prior to Humphrey's trial, Reid told him that the statements he gave to law enforcement were false. Carroll further asserted that he was subpoenaed to testify to this at Humphrey's trial, but he was not transported to the trial from the Greene County Correctional Facility, where he was incarcerated.

¶4. The Mississippi Supreme Court granted Humphrey leave to file his PCR motion in the Circuit Court of Tate County, ordering the trial court to hold an ...


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