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Harvey v. State

Supreme Court of Mississippi

July 19, 2018

HENRY EARL HARVEY a/k/a HENRY E. HARVEY a/k/a HENRY HARVEY
v.
STATE OF MISSISSIPPI

          DATE OF JUDGMENT: 10/25/2016

          HARRISON COUNTY CIRCUIT COURT HON. CHRISTOPHER LOUIS SCHMIDT JUDGE

          TRIAL COURT ATTORNEYS: JOEL SMITH DANA ROBIN CHRISTENSEN ROBERT GEOFFREY GERMANY, JR. WILLIAM CROSBY PARKER MITCHELL LANCE OWEN

          ATTORNEY FOR APPELLANT: OFFICE OF THE STATE PUBLIC DEFENDER BY: W. DANIEL HINCHCLIFF

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

          DISTRICT ATTORNEY: JOEL SMITH

          BEFORE RANDOLPH, P.J., COLEMAN AND CHAMBERLIN, JJ.

          RANDOLPH, PRESIDING JUSTICE

         ¶1. After a jury trial, Henry Earl Harvey was convicted of first-degree murder in violation of Mississippi Code Section 97-3-19(1)(a).[1] He was sentenced to a term of life in prison. Harvey's counsel filed a brief pursuant to this Court's holding in Lindsey v. State, 939 So.2d 743 (Miss. 2005). Harvey was given additional time to file a pro se brief; however, he did not do so. Finding no error, we affirm the judgment and sentence of the Circuit Court of the First Judicial District of Harrison County.

         STATEMENT OF THE FACTS AND PROCEDURAL HISTORY

         ¶2. On the night of January 26, 2015, Jasmine Brown, Eddie Briggs, and Shondra Gardner were living at the Emerald Pines Apartments. After running errands, Jasmine and Shondra returned to their apartment. Some time that evening, Harvey arrived at the apartment and all three began drinking, smoking spice, [2] and using cocaine. Dexter Washington arrived at some point after Harvey, but Jasmine did not recall him smoking spice. Shondra mentioned to everyone that Eddie "jump[ed] on" Jasmine and that Jasmine deserved better. Harvey responded that if he "offed"[3] Eddie, he did not want anyone to say anything about it. Jasmine told Harvey that Eddie was the father of her children and she did not want anything to happen to him.

         ¶3. Jasmine testified that she did not recall seeing Harvey or Dexter when Eddie arrived at the apartment. Jasmine testified that she recalled Shondra and Eddie talking privately in his room for approximately thirty minutes to an hour. Eddie then asked Jasmine to come in the room, and he "closed the door behind him and I turn[ed] around towards him, and he punched me in the head." Jasmine asked why he hit her, and Eddie told her that Shondra had just told him Jasmine was trying to sleep with Harvey and Dexter. Shondra and Harvey both attempted to check on Jasmine and Eddie, but Eddie told them to "stay out [of] our business."

         ¶4. A fight broke out between Eddie and Harvey, although Eddie continued to tell Harvey that he did not want to fight him. Jasmine testified that as she was leaving the apartment, she saw a gun on a table. She grabbed the gun and hid it outside the apartment. She ran to another apartment to get help, but no one answered. Jasmine then heard the alarm on Eddie's mother's truck sound. Then she heard two gunshots. As Jasmine walked back to her apartment, she saw Eddie lying on the ground. She testified that he had been shot through his eye. Jasmine identified Harvey from a photo lineup as the man fighting with Eddie before he was shot.

         ¶5. Dexter[4] testified that, on the night Eddie was killed, he went to the Emerald Pines Apartment complex to hang out with Jasmine, Shondra, and Harvey. Dexter was smoking spice while the other three were drinking and doing cocaine. Dexter testified that Jasmine mentioned that Eddie continuously had abused her:

Jasmine, she was saying that whenever Eddie get there, he going to want to beat her up because that's all he do is beat her up. So they went to talking about it, you know, they - something need to be done about it. And she said she was tired of him beating her up. And saying that [Harvey] her cousin, he needed to help her out. So he [Harvey] was ...

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