Wells v. State

8 Citing cases

  1. Hye v. State

    162 So. 3d 750 (Miss. 2015)   Cited 33 times   1 Legal Analyses
    In Hye v. State, 162 So. 3d 750 (Miss. 2015), the supreme court held "that a criminal defendant no longer has the unilateral right under Mississippi law to insist upon an instruction for lesser-related offenses which are not necessarily included in the charged offense(s), i.e., so-called lesser-nonincluded-offense instructions."

    Wells was convicted of deliberate-design murder and sentenced to life imprisonment. Wells's conviction was affirmed by this Court in Wells v. State, 73 So.3d 1203, 1204 (¶ 1) (Miss.Ct.App.2011). Three other men were questioned about Michael's murder: Hye, Tevin Benjamin, and Alonzo Kelly.

  2. Wells v. State

    328 So. 3d 124 (Miss. Ct. App. 2020)   Cited 1 times

    Ultimately, Michael died from his injuries. Wells v. State , 73 So. 3d 1203, 1204-05 (¶2) (Miss. Ct. App. 2011) (footnote omitted). Wells was indicted for capital murder.

  3. Herrington v. State

    242 So. 3d 909 (Miss. Ct. App. 2017)   Cited 1 times

    Even so, we may suspend Rules 2 and 4 of the Mississippi Rules of Appellate Procedure to allow an out-of-time appeal in a criminal case. See Wells v. State , 73 So.3d 1203, 1207 (¶ 8) (Miss. Ct. App. 2011). As reflected by its grant of Herrington's appeal and request for in forma pauperis status, the circuit court found Herrington's appeal to be timely.

  4. Powell v. State

    240 So. 3d 449 (Miss. Ct. App. 2017)   Cited 3 times

    As for a motion for a JNOV, our supreme court has held "that a motion for a JNOV, as it relates to a criminal case, is untimely where filed beyond the ten-day limit for a motion for a new trial and beyond the term of the court." Well v. State , 73 So.3d 1203, 1206 (¶ 5) (Miss. Ct. App. 2011) (quoting McGraw v. State , 688 So.2d 764, 770 (Miss. 1997) ).

  5. Allen v. State

    200 So. 3d 1100 (Miss. Ct. App. 2016)   Cited 5 times
    Holding that a defendant must first raise a claim that the verdict was against the weight of the evidence in a motion for a new trial in order to preserve the issue for appeal

    ¶2. “[Uniform Rule of Circuit and County Court] 10.05 requires that a motion for new trial must be made within ten days of the judgment, and in the case of a motion for JNOV, the motion must be made either within the ten days or by the end of the term of court.” Wells v. State , 73 So.3d 1203, 1206 (¶ 7) (Miss.Ct.App.2011) (quoting Ross v. State , 16 So.3d 47, 53 (¶ 7) (Miss.Ct.App.2009) ). Allen's judgment of conviction was filed on March 3, 2015. So to be timely, Allen's motion for a new trial would have to have been filed within ten days of that date. SeeConwill v. State , 168 So.3d 1080, 1084 (¶ 19) (Miss.Ct.App.2013).

  6. White v. State

    202 So. 3d 642 (Miss. Ct. App. 2016)

    “[Uniform Rule of Circuit and County Court] 10.05 requires that a motion for a new trial must be made within ten days of the judgment, and in the case of a motion for JNOV, the motion must be made either within the ten days or by the end of the term of court.” Wells v. State, 73 So.3d 1203, 1206 (¶ 7) (Miss.Ct.App.2011) (quoting Ross v. State, 16 So.3d 47, 53 (¶ 7) (Miss.Ct.App.2009) ). White's judgment of conviction was entered on November 19, 2014.

  7. Chandler v. State

    190 So. 3d 509 (Miss. Ct. App. 2016)   Cited 6 times

    See McGraw v. State, 688 So.2d 764, 769 n. 1 (Miss.1997) (citing URCCC 10.05 ); Brewer v. State, 176 So.3d 177, 177 n. 1 (Miss.Ct.App.2015) ; Wells v. State, 73 So.3d 1203, 1206 (¶ 5) (Miss.Ct.App.2011).--------

  8. Hye v. State

    162 So. 3d 818 (Miss. Ct. App. 2013)   Cited 5 times

    Wells was convicted of deliberate-design murder and sentenced to life imprisonment. Wells's conviction was affirmed by this Court in Wells v. State, 73 So.3d 1203, 1204 (¶ 1) (Miss.Ct.App.2011). Three other men were questioned about Michael's murder: Hye, Tevin Benjamin, and Alonzo Kelly.