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.

King v. State

Supreme Court of Mississippi

November 29, 2018

BRIAN KING a/k/a BRIAN KING, JR. a/k/a BRIAN S. KING, JR.
v.
STATE OF MISSISSIPPI

          DATE OF JUDGMENT: 09/28/2017

          JONES COUNTY CIRCUIT COURT HON. DAL WILLIAMSON JUDGE

          TRIAL COURT ATTORNEYS: JOHN ANTHONY PIAZZA DENNIS LEE BISNETTE

          ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: W. DANIEL HINCHCLIFF GEORGE T. HOLMES

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL SCOTT STUART

          DISTRICT ATTORNEY: ANTHONY J. BUCKLEY

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

          RANDOLPH, PRESIDING JUSTICE

         ¶1. Brian King was indicted as a habitual offender and charged with one count of possession of a firearm by a convicted felon. After being found guilty, King was sentenced to a term of ten years without the possibility of parole. King contends that the trial court erred in denying his request for a psychological examination and in allowing the introduction of evidence of prior bad acts. Finding no error, we affirm King's conviction and sentence.

         FACTS AND PROCEDURAL HISTORY

         ¶2. At trial, the State called Heath Blancett, an officer with the Laurel Police Department. Blancett testified that he responded to a call about an attempted armed robbery of Carlos Malone. Malone, who at the time of trial was in jail on a parole violation, testified that he was walking down the street one evening when two men approached him from behind. Malone testified that when he turned around, King was pointing a gun at him. The men demanded Malone's phone but left before he gave it to them. Malone called the police to report the attempted armed robbery and later was able to identify the gun, which was recovered by the police from King's apartment, as the gun used by King. Malone testified that, although he was not familiar with guns, he initially believed King's gun was a .40 caliber Glock. Malone testified on cross-examination that he informed the police that he no longer wanted to pursue the attempted armed robbery charge.

         ¶3. Officer Charlie Turner with the Laurel Housing Authority informed Investigator Stewart of King's location. Turner and Stewart went to that address and found King there in an apartment on the second floor. Turner testified that he did not observe anyone with King. Turner found a weapon under the mattress in the bedroom of the apartment. The fully loaded gun was later turned over to Investigator Reaves, who testified that he swabbed the gun for DNA and then sent it to the Mississippi Crime Lab for prints. Reaves was able to identify the weapon retrieved from the apartment as the .45 caliber Glock 21 in evidence.

         ¶4. Jamie Bush, a forensic scientist with the crime lab, was tendered as an expert in forensic latent prints. Bush testified that he found a latent palm print on the magazine of the gun found in the apartment. He identified the palm print as having been made by King's left palm.

         ¶5. The State rested, and King chose not to testify in his defense. The defense rested after calling no witnesses. The jury found King guilty of ...


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.