MARVIN TITUS A/K/A M.T. APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 06/05/2015
COUNTY CIRCUIT COURT HON. MARGARET CAREY-MCCRAY TRIAL JUDGE
ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY:
BENJAMIN ALLEN SUBER.
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
LAURA HOGAN TEDDER.
DISTRICT ATTORNEY: WILLIE DEWAYNE RICHARDSON.
IRVING, P.J., CARLTON AND WESTBROOKS, JJ.
A jury found Marvin Titus guilty of deliberate-design murder
and the display of a firearm during the commission of the
murder. See Miss. Code Ann. § 97-3-19(1)(a)
(Rev. 2014); Miss. Code Ann. § 97-37-37(1) (Rev. 2014).
On appeal from his conviction and sentences, Titus argues
that the circuit court erroneously denied his motion for a
new trial because the verdict was against the overwhelming
weight of the evidence. Finding no error, we affirm.
At 1:09 a.m. on January 18, 2013, Raymond Vicks placed a 911
call to the Greenville Police Department to report a
shooting. Vicks testified that he was at home asleep when
someone knocked on his door. Although Vicks was initially
reluctant to open the door, he testified that the person
knocked again and called out his name. Vicks further stated
that the person identified himself as Chris Walls, a friend
who lived seven or eight houses down from Vicks's home.
Vicks opened the door and then caught Walls as Walls fell to
the ground. Vicks testified that Walls stated, "[T]hey
shot me, they shot me . . . ."
According to Vicks, Walls had blood shooting out of his arm
from a bullet wound. After emergency personnel arrived and
transported Walls to the hospital, Vicks cleaned up the blood
on his front porch. He then went to the hospital to check on
Walls's condition. On his way to the hospital, Vicks
testified that he called Stanley Parnell and asked Parnell to
inform Walls's mother of the shooting. When he arrived at
the hospital, however, Vicks did not see Walls's mother.
As a result, he left the hospital to inform her of the
Upon returning to the hospital, Vicks encountered Titus and
Parnell. Vicks testified that, as he walked through the
hospital door, Titus asked whether Walls had identified his
shooter. At the time of the shooting, Titus was staying at
Walls's house. Although Walls had previously kicked Titus
out of his house, Vicks testified that Walls always allowed
Titus to return. Vicks testified that Walls regularly sold
drugs out of the house and that Walls once kicked Titus out
of the house for selling bad drugs to someone. Vicks stated
that people sometimes arrived to purchase drugs while Walls
was away and that Titus, pretending to be Walls, would
conduct the transaction but would sell the purchasers fake
Vicks further testified that he spent time at Walls's
house the day before the shooting and visited with Walls,
Titus, and Parnell. Vicks testified that he stayed until a
little before 2:45 p.m., when his children got out of school.
Vicks said that he observed nothing unusual between Titus and
Walls while he was hanging out with them.
In response to Vicks's 911 call, law-enforcement officers
arrived on the scene. Sergeant Maricus Hibbler testified that
he arrived at Vicks's home and observed Walls lying on
the front porch and wailing in pain. According to Sergeant
Hibbler's testimony, Walls slipped in and out of
consciousness and was unable to answer questions about who
shot him. Sergeant Hibbler further stated that the porch
where Walls had ...