Miller v. State

• Decision Date: 06 October 2009
• Docket Number: No. 2008-KA-00810-COA.,2008-KA-00810-COA.
• Citation: 18 So.3d 898
• Parties: Frederick MILLER, Jr. a/k/a Frederick Benard Miller, Jr., Appellant v. STATE of Mississippi, Appellee.
• Court: Mississippi Court of Appeals

18 So.3d 898

Frederick MILLER, Jr. a/k/a Frederick Benard Miller, Jr., Appellant v. STATE of Mississippi, Appellee.

No. 2008-KA-00810-COA.

Court of Appeals of Mississippi.

October 6, 2009.

Justin Taylor Cook, attorney for appellant.

Office of the Attorney General, by Lisa Lynn Blount, attorney for appellee.

Before KING, C.J., GRIFFIS and MAXWELL, JJ.

KING, C.J., for the Court.

¶ 1. Frederick Miller, Jr., was convicted accessory after the fact to murder and sentenced to five years in the custody of the Mississippi Department of Corrections (MDOC), with one year and six months to serve and three years and six months of post-release supervision. Aggrieved, Miller appeals, raising the following issues:

I. Whether the youth court had exclusive jurisdiction over his case;

II. Whether the statements that he made to the police were admissible;

III. Whether the circuit court erred by denying his motion for a judgment notwithstanding the verdict;

IV. Whether the verdict is against the overwhelming weight of the evidence;

V. Whether the circuit court erred by failing to instruct the jury as to the elements of murder;

VI. Whether the indictment was fatally defective;

VII. Whether he received ineffective assistance of counsel; and

VIII. Whether there was cumulative error that warrants reversal.

Finding no error, we affirm Miller's conviction and sentence.

FACTS AND PROCEDURAL HISTORY

¶ 2. On February 7, 2007, Miller was indicted as an accessory after the fact to murder. The indictment alleged that on November 1, 2006, Miller, who was seventeen years old at the time, knew that Jerry Montez Winters had committed murder and helped Winters locate the murder weapon.

1. The Police Investigation

¶ 3. Investigator Martin Roby of the Attala County Sheriff's Department testified that on November 1, 2006, the sheriff's department was called to a location on Highway 19 in Kosciusko, Mississippi. When the police officers arrived, they found a sport utility vehicle (SUV) on the side of the road; the vehicle had crashed into a tree. The body of Chad Jackson, who had a gunshot wound to his right temple, lay in the driver's seat of the SUV. Kay Robertson, the Attala County coroner, testified that Jackson died as a result of the gunshot wound.

¶ 4. Investigator Roby testified that Jackson's pockets were turned inside out, and his wallet was missing. The police officers found a .38 revolver on the ground outside of the SUV. The police officers also found a jacket and a shirt located about a mile and a half away from the scene of the crime; it was later determined that the clothing belonged to Winters. Investigator Roby interviewed Jackson's family and friends and reviewed Jackson's cell phone records. While reviewing the cell phone records, Investigator Roby saw that a phone call was made to Jackson's cell phone from Miller's cell phone at 12:30 a.m. on the day in question. Investigator Roby picked up Miller for questioning and read him his Miranda rights. Miller signed a waiver of his Miranda rights and submitted to an interview.

2. Miller's Interview and Trial Testimony

¶ 5. An audiotape of the interview was played for the jury. During the interview Investigator Roby questioned Miller about what transpired on the day in question. Miller said that Winters, his cousin, came to his home and asked if he could use Miller's bicycle and cell phone. Miller agreed. Miller said that he overheard Winters make a phone call to an unidentified man in which he discussed drug activity. Winters then left Miller's home, but he later returned.

¶ 6. During Miller's interview at the sheriff's department, Investigator Roby asked what Winters was wearing before he left and what Winters was wearing when he returned to Miller's home. Miller said that Winters was wearing a dark-colored, plastic jacket and a white shirt when he left. However, Winters was not wearing the jacket and white shirt when he returned.

¶ 7. When Winters returned to Miller's home, he asked Miller and Josh Cox, a friend, to meet him at his girlfriend's home. Miller stated that Winters "had [a] glow in his eyes" and that he looked scared and nervous, as if he had seen a ghost. Miller said, "I already knew he had done it." However, Miller never explained what "it" was. He also stated that Winters did not tell him that he had done anything. Miller said that Winters had lost his cell phone, claiming that he had dropped it. Upset because Winters had lost his cell phone, Miller went back inside of his home. By the time Miller went back outside, Winters, Cox, and Akeem Miller (Akeem), Miller's younger brother, were gone.

¶ 8. Miller said that he went to the home of Winters's girlfriend to look for Akeem. After Miller arrived, Winters asked him if he wanted to go for a ride, and Miller agreed. Miller said that he did not know where they were going, and no one told him that anything had happened.

¶ 9. Miller said that Jeremy Stewart drove him and Winters to a location on Highway 19. Miller said that, at the location, he saw an SUV in the woods with its lights on. Upon getting out of the car and moving closer to the SUV, Miller saw a dead body inside of the vehicle. Miller said that he returned to Stewart's car after seeing the dead body. Miller testified that he saw Winters looking for something around the SUV. Miller said that, at the time, he did not know what Winters was looking for. He later learned that Winters was looking for a gun. Miller claimed that he did not help Winters look for the gun. The boys were at the location for two or three minutes. Winters did not find what he was looking for, and they left the area. Miller said that he did not ask Winters what had happened because he was scared.

¶ 10. Miller, Winters, and Stewart returned to the home of Winters's girlfriend. Miller said that Winters and Stewart were burning something in the trash, but he could not identify the objects. Miller said that he simply got Akeem and returned to his own home.

¶ 11. During the interview with Investigator Roby, Miller said that he talked to Winters the day after the incident. Miller claimed that he did not ask Winters what transpired the previous night. Miller said that Winters simply told him to "keep it on the down low," which meant that Winters did not want Miller to tell anyone what he had seen.

¶ 12. During his interview with Investigator Roby and during the trial, Miller was asked what he meant when he said, "I already knew [Winters] had done it." Miller explained that, a few days before the incident, Winters told him about a man who was "trying to get over on him" regarding some money. Winters told Miller that he was going to "handle" the man. Miller attempted to talk Winters out of it, but Winters would not listen to him. Miller did not know if Jackson was the same man allegedly swindling Winters. Miller thought that Winters only wanted to hurt the man, perhaps by fighting the man. Miller said that he had no reason to believe that Winters would kill anyone. Miller maintained that he was unaware that a crime had occurred until he arrived at the scene of the incident on Highway 19.

3. Stewart's Testimony

¶ 13. Stewart was also facing criminal charges for allegedly helping Winters evade the law. Stewart testified that Winters claimed that he was involved in a car wreck. Winters asked Stewart to drive him to the wreck so he could find a cell phone. Stewart drove Winters, Cox, and Akeem to the location of the alleged wreck on Highway 19. Stewart saw a vehicle facing the woods when they arrived at the location. The boys retrieved the cell phone, left the location, and returned to the home of Winters's girlfriend.

¶ 14. Shortly thereafter, Miller stopped by the girlfriend's home. Winters asked Stewart to take him back to Highway 19, and Winters asked Miller to join them. Stewart obliged. Stewart testified that Winters and Miller took chicken plant gloves with them to the scene of the accident, and Miller helped Winters search for something around the SUV. However, Stewart admitted that he failed to mention this when he was questioned by the police.

¶ 15. Stewart testified that Winters did not tell any of them what had happened until after it was all over. At that time, Stewart learned that Winters had shot Jackson inside the SUV on Highway 19.

¶ 16. A few days after the incident, Winters asked Stewart to drive him to the bus station in Jackson, Mississippi. Stewart said that he took Winters to the bus station because he was scared, and he was already headed to Jackson.

4. Akeem's Testimony

¶ 17. Akeem was also at home with Miller when Winters stopped by on the night of the incident. Akeem testified that Winters gave him a cell phone before he left, and Winters asked Akeem to answer the phone when he called. Akeem later received a call on that cell phone. When Akeem answered the phone, he heard Winters pretending as if he were arguing with a girlfriend. Then, Akeem heard a gunshot, and the phone went dead.

¶ 18. Akeem testified that he went to Highway 19 with Stewart, Winters, and Cox to look for the cell phone that Winters had dropped. Akeem found the cell phone in the grass. Afterwards, the boys left the location and returned to Winters's girlfriend's home.

¶ 19. Akeem was at the girlfriend's home when Miller arrived. Akeem testified that Miller did not know what was going on when he agreed to ride with Winters to Highway 19. Akeem also testified that Winters and Cox were the only people who had gloves, and Miller did not have gloves. Akeem did not go on the second trip to Highway 19. After the boys arrived back from the second trip to Highway 19, Akeem said that he saw Winters burning "the man's" wallet and other belongings. Investigator Roby verified that some of Jackson's belongings were found burned in a trash can behind Winters's girlfriend's home.

5. Verdict

¶ 20. After the State's case-in-chief, the defense moved for a directed verdict. The circuit court...