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
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 08/04/2016
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
IRVING, P.J., GREENLEE AND WESTBROOKS, JJ.
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.
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
AND PROCEDURAL HISTORY
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.
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.
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.
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 ...