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.

Manning v. State

Court of Appeals of Mississippi

March 6, 2018

IMMANUEL MANNING A/K/A PAPOOSE A/K/A IMMANUEL D. MANNING A/K/A IMMANUEL DEWAYNE MANNING A/K/A EMMANUEL MANNING A/K/A EMMANUEL D. MANNING A/K/A EMMANUEL DEWAYNE MANNING A/K/A HOLLYWOOD APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 08/04/2016

         OKTIBBEHA COUNTY CIRCUIT COURT HON. JAMES T. KITCHENS JR. JUDGE.

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: JUSTIN TAYLOR COOK

          ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA WAKELAND BYRD LADONNA HOLLAND

          DISTRICT ATTORNEY: SCOTT WINSTON COLOM

          BEFORE IRVING, P.J., GREENLEE AND WESTBROOKS, JJ.

          WESTBROOKS, JUDGE.

         ¶1. A jury in the Oktibbeha County Circuit Court convicted Immanuel Manning of murder and witness intimidation. On the charge of murder, Manning was sentenced as a habitual offender to life in the custody of the Mississippi Department of Corrections (MDOC) without eligibility for parole or early release. On witness intimidation, the circuit court sentenced Manning to two years in MDOC custody.

         ¶2. On appeal, Manning argues that (1) Lieutenant Brett Watson's lay opinion testimony was inadmissible; (2) the State presented insufficient evidence to support the conviction for witness intimidation; (3) jury instruction S-3(A) constructively amended Manning's indictment; and (4) this Court should reverse Manning's murder conviction under the doctrine of retroactive misjoinder. Because we find the evidence was sufficient to support a conviction of witness intimidation, we will only address assigned errors 1-3.

         FACTS AND PROCEDURAL HISTORY

         ¶3. On March 7, 2014, Christopher Houston was shot and killed at his home in Starkville, Mississippi. Houston shared that home with his girlfriend Natalla Carter. Carter testified that she was cleaning a bathtub at the time of the shooting. After Houston was shot, Carter stated that she ran outside when she heard Houston call her name. Once outside, Carter saw Houston on the ground near a four wheeler. According to Carter, Houston, in making his final statement, told her that "Papoose shot [him]." Carter testified that she knew "Papoose" to be Manning, and Houston addressed Manning with the same moniker.

         ¶4. Deputy Mahyar Netadji, of the Oktibbeha County Sheriff Department, was the first law-enforcement officer to arrive on the scene. Carter relayed that Houston had said that "Papoose" shot him. According to Netadji, he knew that "Papoose" was Manning's moniker.

         ¶5. Netadji unsuccessfully tried to get a verbal response from Houston. Houston died at the scene, despite emergency responders' attempts to revive him there and at the hospital. After Houston was transported to the hospital, Netadji spoke to Carter again, who informed Netadji that Manning likely was headed to Jackson, Mississippi.

         ¶6. In response, Netadji notified dispatchers of Manning's possible involvement in the shooting and sent a "be on the lookout" (BOLO) alert to neighboring counties and the Mississippi Highway Patrol. Next, Netadji then spoke with Reginald Ferguson, Carter's neighbor. According to Ferguson, he was outside barbecuing when he noticed a gray Pontiac Bonneville, with a wing on the back, drive into the area before the shooting. Ferguson went inside his home for a moment, and when he returned he ...


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.