Anderson v. State

5 So. 3d 1088, 2007 Miss. App. LEXIS 677, 2007 WL 2838978
CourtCourt of Appeals of Mississippi
DecidedOctober 2, 2007
Docket2004-KA-01852-COA, 2004-KA-00527-COA, 2004-KA-01858-COA
StatusPublished
Cited by4 cases

This text of 5 So. 3d 1088 (Anderson v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. State, 5 So. 3d 1088, 2007 Miss. App. LEXIS 677, 2007 WL 2838978 (Mich. Ct. App. 2007).

Opinion

BARNES, J.,

for the Court.

¶ 1. This case comes on appeal from the Circuit Court of Hinds County of the capital mur.der convictions and sentences of life imprisonment without parole 1 of Ski-lah Anderson, Corey Bryant and Garner Brister, Jr. Anderson and Bryant were also convicted of armed robbery and sentenced to life imprisonment without parole to run concurrently with the other life sentence. From these convictions, Anderson, Bryant, and Brister, now appeal. Finding no error, we affirm.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

¶ 2. On June 25, 2002, Skilah Anderson (age seventeen), Corey Bryant (age nineteen), and Garner Brister, Jr. (age sixteen) traveled in Brister’s car to Gun Works, Inc. (Gun Works), which was located on Raymond Road in Jackson, Mississippi. Once there, they circled the store a few times and then parked behind the store. Bryant entered Gun Works, followed quickly by Anderson. Upon entering, Bryant confronted Paul Robinson, an employee, and shot him. While Bryant and Anderson were gathering guns and ammunition, Charles Withers, a customer, entered the store to have a gun repaired. Bryant and Anderson pointed their guns at Withers, made him get down on the floor, and stole his wallet and cell phone. Bryant and Anderson loaded Brister’s car with the stolen merchandise, which was in a pillowcase and some boxes, and went to Brister’s house. Withers, in the meantime, went to find Robinson, whom he found on the floor unresponsive. Withers contacted the police who quickly arrived on the scene. Robinson was transported to the hospital where he was pronounced dead.

¶ 3. Later that day, Officer Gary Moore received a tip from an informant that some stolen guns were being sold in one of the parks in the downtown area of Jackson. Upon arrival, he briefly questioned Anderson, who was at the scene, but let him go. The next day, Officer Moore went to Anderson’s home to question him regarding the Gun Works incident. Again, Officer Moore left telling Anderson he would likely be back for more questioning. Officer Moore later returned to Anderson’s home and asked to take him to the police station for further questioning. After Anderson was in the patrol car, he stated to Officer Moore that he knew he was in trouble but he was not the shooter. At this point, Officer Moore testified that he contacted his supervisor, gave Anderson his Miranda rights and transported Anderson to the precinct. At the station, Anderson gave a statement to detectives regarding his participation in the Gun Works robbery. It was during this line of questioning that the police learned of Bryant’s involvement and the location of some of the stolen merchandise. Bryant was then brought to the police precinct for questioning. Bryant gave a statement in which he confessed to his participation in the Gun Works robbery. The police, based on the information they received, retrieved a stolen weapon from the home of LaShaun Jones. Jones told the police, and later testified at trial, that he had obtained this weapon from Brister. The police brought Brister in the next day for questioning. Brister gave a statement re *1093 garding his involvement in the robbery which stated that he only drove the getaway car and never entered the store.

¶ 4. Anderson, Bryant, and Brister were each indicted for violations of Mississippi Code Annotated sections 97-3-19(2)(e) (Rev.2000) (capital murder) and 97-3-79 (Rev.2000) (armed robbery). Motions for severance were filed shortly before trial which the trial judge denied. 2 Bryant also filed a motion to suppress the confessions by all three defendants. A motion to reconsider severance was made by Bryant on July 15, 2004. The motion to reconsider severance and the motion to suppress were both denied during the pre-trial hearing. On July 19, 2004, Bryant, Anderson, and Brister were tried jointly on one count each of capital murder of Paul Robinson and one count each of armed robbery of Charles Withers. At trial, the jury found Anderson and Bryant guilty of capital murder and armed robbery. Brister was also found guilty of capital murder, but not guilty of armed robbery. The trial judge sentenced Anderson and Bryant to life without the possibility of parole for both counts, with both sentences to run concurrently. Brister was sentenced to life without the possibility of parole. Anderson, Bryant and Brister, now appeal from these convictions.

I. WHETHER THE TRIAL COURT ERRED IN ITS REFUSAL TO SEVER THE TRIAL.

¶ 5. As Anderson, Bryant, and Bris-ter all assert in their briefs that the trial court’s denial of the motions to sever trial was error, we will address the denial as a single issue applicable to all three appellants.

¶ 6. A trial court’s denial of a motion to sever a trial will not be overturned absent abuse of discretion. King v. State, 857 So.2d 702, 716(¶ 19) (Miss.2003). Rule 9.03 of the Uniform Circuit and County Court Rules states, “[t]he granting or refusing of severance of defendants in cases not involving the death penalty shall be in the discretion of the trial judge.” The Mississippi Supreme Court has stated that “[w]hen the evidence at trial goes equally to the guilt of both defendants, and not to one more than the other, it is not error to try the defendants jointly.” King, 857 So.2d at 716 (citing Johnson v. State, 512 So.2d 1246, 1254 (Miss.1987)).

¶ 7. In a joint trial where the accused moves for severance because the prosecution intends to introduce a confession given by a co-defendant, implicating the accused, the trial judge should require the State to elect among a joint trial in which the statement is excluded, a joint trial in which the statement is admitted, but the portion implicating the accused is deleted, or agree to a severance. Walker v. State, 430 So.2d 418, 421 (Miss.1983). In the case before us, the trial court redacted the confessions by all three defendants to eliminate any reference to their co-defendants by name. At trial, all three defendants objected to the introduction of the redacted statements of their co-defendants by a motion to suppress evidence, citing the issues raised in Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968). Bruton states that there are instances where redaction and limiting instructions are not an “adequate *1094 substitute for petitioner’s constitutional right of cross-examination.” Id. at 137, 88 S.Ct. 1620. However, under Gray v. Maryland, 523 U.S. 185, 191, 118 S.Ct. 1151, 140 L.Ed.2d 294 (1998), the United States Supreme Court outlined when the admission of a co-defendant’s confession will not violate the Confrontation Clause.

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Bluebook (online)
5 So. 3d 1088, 2007 Miss. App. LEXIS 677, 2007 WL 2838978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-state-missctapp-2007.