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Jenkins v. State

Court of Appeals of Mississippi

February 13, 2018

RODISE JENKINS A/K/A RODISE JENKINS, III APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 09/28/2016

         HARRISON COUNTY CIRCUIT COURT, SECOND JUDICIAL DISTRICT TRIAL JUDGE: HON. CHRISTOPHER LOUIS SCHMIDT

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: MOLLIE MARIE MCMILLIN

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART

          DISTRICT ATTORNEY: JOEL SMITH

          BEFORE GRIFFIS, P.J., BARNES AND FAIR, JJ.

          GRIFFIS, P.J.

         FOR THE COURT:

         ¶1. Rodise Jenkins was convicted of murder by deliberate design in violation of Mississippi Code Annotated section 97-3-19(1)(a) (Supp. 2017). He was sentenced to life in the custody of the Mississippi Department of Corrections. On appeal, he argues that the jury was improperly instructed and that evidence of the victim's criminal history was improperly excluded. We find no error and affirm.

         FACTS

         ¶2. Hazel Turner lived in Biloxi, Mississippi, with her boyfriend, Jenkins. Turner's son, Anthony Wheaton, also lived in Biloxi. On October 11, 2014, at 2 a.m., Nyra Jenkins, Jenkins's ex-wife, called Jenkins's telephone, and Turner answered. Nyra proceeded to harass Turner over the phone as she had done in the past. Once Jenkins arrived home from work about 5 a.m., he and Turner spoke about Nyra and the possibility of filing for a restraining order against her. Jenkins then called Nyra and spoke with her about the calls.

         ¶3. Turner and Jenkins were upset over the Nyra situation and the harassing phone calls. While Jenkins slept, Turner made three calls to different family members to talk, one of whom was Wheaton. Shortly after 2 p.m. that same day, Turner and Jenkins were seated in the kitchen talking when Wheaton walked into the house. Together in the kitchen, they continued the conversation about Nyra and the possible restraining order. The conversation grew more intense as Jenkins became agitated and no longer wished to discuss it with Wheaton. The two stood up and faced each other. Turner sensed something was wrong and jumped in between Jenkins and Wheaton to de-escalate the situation.

         ¶4. While Wheaton and Turner moved toward the front porch, Jenkins left through the back door of the house and headed toward his truck. Once at his truck, Jenkins realized he had forgotten his wallet and keys inside. He grabbed his gun from the truck and walked around to the front of the house where Wheaton and Turner were standing. Jenkins shot at Wheaton three times, and hit him twice. Wheaton and Turner then ran into the house, and Jenkins followed. Jenkins walked up to Wheaton and shot him two more times from close range. Wheaton died as a result of multiple gunshot wounds. ¶5. Turner then called 911 while Jenkins fled the scene. He was quickly apprehended and arrested without resistance.

         ANALYSIS

         I.Whether it was error to refuse Jenkins's proposed ...


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