Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Pickett v. State

Court of Appeals of Mississippi

February 6, 2018

WILLIE CARL PICKETT A/K/A WILLIE PICKETT A/K/A WILLIE C. PICKETT AND JACARRUS ANTYONE PICKETT A/K/A JACARRUS PICKETT A/K/A ANTYONE PICKETT A/K/A JACARRUS A. PICKETT APPELLANTS
v.
STATE OF MISSISSIPPI APPELLEE

          DISPOSITION: AFFIRMED - 02/06/2018

         LAUDERDALE COUNTY CIRCUIT COURT TRIAL HON. LESTER F. WILLIAMSON JR. JUDGE

          ATTORNEYS FOR APPELLANTS: OFFICE OF STATE PUBLIC DEFENDER BY: JUSTIN TAYLOR COOK ROBERT GREER WHITACRE

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALICIA MARIE AINSWORTH

          DISTRICT ATTORNEY: BILBO MITCHELL

         EN BANC.

          GREENLEE, J.

         FOR THE COURT:

         ¶1. Jacarrus Pickett and Willie Pickett were tried jointly and convicted of attempted first- degree murder. On appeal, they argue: (1) the indictment was improperly amended; (2) the indictment, as amended, is void; (3) the jury was improperly instructed on the elements of attempted murder; (4) Mississippi's attempted-murder statute is unconstitutional; and (5) the verdict was against the weight and sufficiency of the evidence. We find no error and affirm.

         FACTS

         ¶2. Walter Culpepper, James Taylor, and Decarlos Clark worked as garbage men in Meridian, Mississippi. On October 31, 2013, the men were assigned a route Clark had never worked. Clark told his supervisor that he could not go on the route because of a dispute with some men in that area. The supervisor told him to go on the assigned route or go home. So Clark worked the route with Culpepper and Taylor. Culpepper drove the truck, while Taylor and Clark rode on the back, loading garbage into the truck. Taylor testified that Clark appeared nervous and jittery. As they approached an area near Oakland Heights Elementary School, Clark told Taylor he had been in an altercation with someone in that area. Taylor then saw a tall, muscular man running toward the truck with a pistol. Clark recognized the man as Willie. Clark testified that Willie yelled at him, "I gotcha[.] I'm fixing to kill you, B****." Clark jumped into the cab of the truck and hid under the dash. Willie told Culpepper and Taylor to get out of the way if they did not want to be involved. Culpepper and Taylor fled. According to Clark, Willie fired multiple shots at the garbage truck. Clark testified that Willie only retreated either when his gun jammed or when he ran out of bullets. No one was struck.

         ¶3. Clark testified that he exited the truck when he thought Willie was gone. Culpepper had returned at that point and asked Clark if he was okay. Just as Clark responded that he was okay, he heard Jacarrus yell, "Turn around, Willie, he ain't dead. But I'm fixing to kill him." Clark testified that Jacarrus then fired approximately fifteen rounds at him. Clark ran up a hill and escaped uninjured. Culpepper corroborated Clark's testimony that all the shots were directed at Clark. Investigators recovered thirteen shell casings near the garbage truck, and found eight bullet holes in the hood, side mirror, windshield, and side window.

         ¶ 4. Jacarrus and Willie were convicted in the Lauderdale County Circuit Court of attempted first-degree murder. Jacarrus was sentenced to twenty-five years in the custody of the Mississippi Department of Corrections (MDOC), with ten years suspended, and five years of postrelease supervision. Willie was sentenced to thirty years in the custody of the MDOC, with ten years suspended, and five years of postrelease supervision. Posttrial motions were denied, and this appeal followed. Jacarrus and Willie have submitted separate briefs raising the same issues for appeal. Willie joins all arguments presented by Jacarrus, whose brief was filed first.

         DISCUSSION

         I. Amended Indictment

         ¶5. Jacarrus and Willie first argue that the circuit court erroneously allowed the State to amend the indictment on the second day of trial. "The circuit court's decision to allow an indictment to be amended is a question of law, " which we review de novo. Williams v. State, 131 So.3d 1174, 1176-77 (¶6) (Miss. 2014) (quoting Powell v. State, 80 So.3d 849, 852 (¶9) (Miss. Ct. App. 2012)).

         ¶6. An indictment may be amended "to correct defects of form; however, defects of substance must be corrected by the grand jury." Patton v. State, 109 So.3d 66, 80-81 (¶44) (Miss. 2012). An amendment to form does not "alter facts [that] are the essence of the offense on the face of the indictment as it originally stood or materially alter a defense to the indictment as it originally stood so as to prejudice the defendant's case." Id. "The test for whether an amendment to the indictment will prejudice the defense is whether the defense as it originally stood will be equally available after the amendment is made." Id. "Amendment ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.