Oral arg. – COA – Feb. 17, 2016

At 10:00  the COA will hear Charles Gregory Davis v. State – this is the criminal appeal in the case against former Southaven mayor Greg Davis.  He was found guilty of  one count of false representation to defraud government and  one count of embezzlement.  He was sentenced to ten years with two and a half to serve. On appeal he argues that the court should have directed a verdict of acquittal, that venue should have been changed, that the court should have granted a mistrial after the state committed a discovery violation, and the failure to grant a circumstantial evidence instruction.

The first count has to do with an SUV that the City leased and that Davis purchased.  At trial, it turned out that the lease agreement turned over in discovery was not the complete agreement.  The lease contained a provision whereby  the City of Southaven would receive the profit of the sale of the vehicle if the car sold at auction over and above the $10,000.00 residual lease value.  Davis’ purchase of the vehicle deprived the City of being able to get any money that would have been generated had the SUV been auctioned off for a price greater than $10,000.

Davis’ brief

State’s brief

Davis’ reply brief

Watch the argument here. 

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