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Another matter to be conducted outside your presence. Other witnesses scheduled for tomorrow. Will allow jury to leave now. Tomorrow will be like normal work day toward conclusion. See no point for you to sit in jury room without anything for you to do later today. In light of her testimony, objection is withdrawn. I will not be leaving courthouse for a while to work on various things court says we an work on during recess. Still many matters remaining to be done outside presence of the jury. Trial is moving right along. Recess until 9 a. Roberts denied a defense motion to throw out depraved-heart murder charge and ordered that Thomas James Ward's fate will be decided by a jury.
Based on representations and interview with her, I request to hold objection in abeyance subject to her testimony. No problem with this witness being called. Kelly - asks to publish document. What she looked like April 15 prior to 10 p. No sir In ? PE teacher at Nettleton schools. Does Anna hve siblings? Involved with activities there? Always involved in HS and college - soccer from age 4 up.
ICC soccer, on scholarship. Back to April 15, - saw her? Last time standing in my kitchen about 5 or 5: What saw, talking about? She had gotten dressed, said going to dinner with Thomas. Had new dress on. Saw her in dress? It was a white top with ascoop nec with beading. Bottom was a gray skirt with black lace around bottom of tiers.
Beautiful dress on beautiful girl. Leaving to meet Thomas? Had you met him prior to this? One time at a restaurant. Did not eat together then. What was her mood like then? You got call that night? What did he tell you to do? Asked if I was her mother, I said yes, he said to come to hospital. Called Cotton to come.
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Arrive before he did? I said, I need to see Anna. I wanted to go back to the room, They took me to a room. When find out about her? What did Anna mean to you and family? She was a sister, an aunt a niece, a daughter. When you met Thomas at Olive Garden, did Anna introduce him? Ask that you be escorted to jury room and take whatever time we can to handle these matters. We will not forget that you are there.
First point, with respect to the interplay between statute and culpable negligent manslaughter statutes. Courts of this state have struggled to find a meaningful difference. Depraved-heart speaks to recklessness with max of life in prison. Manslaughter is 20 years max. Courts have described this dicotomy as murky at best.
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Cover almost same conduct. Say it violates due process to have these two stattues and that they have no rational difference with penalties. As stated, court is well aware that depraved-heart murder statute is reffered to malice murder, others say second-degree murder Inferred ffrom circumstances around indictment. State has presented numerous witnesses to support those conclusions. But I submit that state has not proved one witness or enough testimony tht permits implication that this was a depraved heart murder.
At some point, MS Supreme Court looked at instances of applying for individual on individual basis. In that, the court requied showing of reckless and imminently dangerous act In this case, evidence of state has provided no proof of such malice. Said all could be said was for culpable negligence. The testimony does not This is, always was, arguable a culpable negligence manslaughter case.
State chose to indict differently.
Again, looking in light of circumstantial evidene standards. I submit that has not been borne out in any way with evidence. State conceded in its motions and practice That evidence has not been introduced. State admits no such facts exist. That WArd acted in reckless, indifferent manner. Record is completley silent. For that reason, move to directed verdict on DHM. Also, culpable negligent manslaughter Again, to be brief, Ward objects to DHM statute, violates right to due process - with two statutes on same conduct DHM much more severe.
Request to directed verdict on DHM and manslaughter. Two experts about gun, its ranges. He said she handed gun to him That article draws attention to cases Most recently, said difference is very high degree of carelessness rather than culpable neg manslaughter.
Author of article makes clear that Tate case inconsistent with other decisions of Ms Supreme Court. Intent of tht case Theme of all these cases is for the jury to make deterination about degree of recklessness constitutes DHM.