Barnett v. State

757 So. 2d 323, 2000 WL 311516
CourtCourt of Appeals of Mississippi
DecidedMarch 28, 2000
Docket1998-KA-01110-COA
StatusPublished
Cited by18 cases

This text of 757 So. 2d 323 (Barnett 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
Barnett v. State, 757 So. 2d 323, 2000 WL 311516 (Mich. Ct. App. 2000).

Opinion

757 So.2d 323 (2000)

Leroy BARNETT, Appellant,
v.
STATE of Mississippi, Appellee.

No. 1998-KA-01110-COA.

Court of Appeals of Mississippi.

March 28, 2000.

*326 Whitman D. Mounger, Greenwood, Attorney for Appellant.

Office of the Attorney General by John R. Henry Jr., Attorney for Appellee.

BEFORE McMILLIN, C.J., BRIDGES, AND PAYNE, JJ.

McMILLIN, C.J., for the Court:

¶ 1. Leroy Barnett was convicted of murder by a Leflore County Circuit Court jury in the stabbing death of Louise Whittaker. He was also convicted on a second count involving a charge of aggravated assault for allegedly stabbing Whittaker's four year old son, Kevis Whittaker, in the same incident. Though the child's injuries were severe enough to be life-threatening, he survived the attack. The most damaging evidence linking Barnett to these crimes was the testimony of the child, who positively identified Barnett as the assailant.

¶ 2. Barnett has appealed both convictions to this Court. He presents four issues which he contends require that his conviction be reversed. Those issues consist of (1) a claim that the trial court erred in seating certain jurors over the defendant's Batson objection; (2) a claim that the child's testimony at trial should have been excluded because he was incompetent to testify by virtue of his extremely young age; (3) a claim that the court improperly admitted damaging hearsay when several witnesses were allowed to testify that the child identified Barnett as the attacker on the morning after the incident; and (4) an attack on the quality of the State's evidence of guilt, alleging that the proof was insufficient to establish guilt as a matter of law or, alternatively, that the guilty verdicts were against the weight of the evidence.

¶ 3. Having concluded that none of the issues raised by Barnett warrant reversal of his convictions, we affirm.

I.

Facts

¶ 4. According to evidence presented by the State, Louise Whittaker was released from working the late shift at her employer at approximately 11:00 p.m. on the evening of August 29, 1996. After picking up her son, Kevis, from her grandmother's home, she returned to her own home. Sometime later in the night, Kevis was awakened by noises and observed Barnett appear to strike his mother repeatedly. According to Kevis, Barnett then dragged his mother from the house out to her car and put her body into the trunk. Barnett told Kevis that his mother was asleep. He placed Kevis in the car and the two drove around for a while and then returned to the home. Barnett took Kevis into the home and told him that his mother was going to sleep the rest of the night in the car. Kevis then stated that Barnett struck him twice in the back.

¶ 5. The child remained alone in the home the rest of the night until early the next morning, when his great grandmother called to check on them. The woman became alarmed when Kevis reported that his mother had slept in the car all night and she immediately came to the scene. She discovered that Kevis was bleeding and summoned police officers. The officers investigated and found Whittaker's body shut in the trunk of her vehicle. It was determined that she had died from multiple stab wounds. Medical treatment revealed that Kevis had suffered two stab wounds to the back, had significant internal bleeding, displayed symptoms consistent with a thirty percent to forty percent loss of blood, and was suffering from Class III shock.

¶ 6. The victim's grandmother was permitted to testify that, immediately upon arriving at the home and discovering Kevis's injuries, she inquired as to what had happened and the child had said words to the effect that "Leroy did this to me." The doctor who treated Kevis at the emergency *327 room was also permitted to testify that, in response to an inquiry from him, Kevis identified Barnett as the person who had assaulted him and his mother.

II.

The Batson Issue in Jury Selection

¶ 7. Barnett urges that reversible error occurred when the trial court permitted the State to exercise peremptory challenges to excuse four black jurors in the face of Barnett's assertion that the challenges were impermissibly based on racial considerations in violation of the prohibitions set out in Batson v. Kentucky, 476 U.S. 79, 96-97, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The Batson decision prohibited the exercise of peremptory challenges to remove jurors if (a) the reasons offered for exercising the such strikes were based on considerations related to race on their face, or (b) the reasons offered, though facially race-neutral, were seen by the trial court as being pretextual to disguise a hidden racially-based motivation to exclude the challenged members from the jury. Id. at 97-98, 106 S.Ct. 1712.

¶ 8. The Batson opinion outlined a skeletal procedure to test the validity of such peremptory challenges, which included a threshold requirement that the defendant make a prima facie showing of discriminatory use of peremptory challenges before the State could be required to articulate its reasoning. Id. at 93-94, 106 S.Ct. 1712. In this case, the defense, when first invoking Batson, noted that the State had used four challenges to remove four minority veniremembers from possible jury service. Though the trial court did not state on the record that this amounted to a prima facie showing of racial motivation, the State apparently conceded the point by voluntarily stating its motivating reason as to each challenged juror. The United States Supreme Court has held that, in such circumstances, the State's election to voluntarily articulate the reasons for its challenges renders the threshold question of demonstrating a prima facie case of discriminatory purpose moot. Hernandez v. New York, 500 U.S. 352, 359, 111 S.Ct. 1859, 114 L.Ed.2d 395 (1991).

¶ 9. The prosecutor stated that three of the four challenged jurors resided in or near an apartment complex that was notorious for drug use. The fourth juror was challenged, according to the State, because he was widely known to have severe mental or emotional problems. The trial court apparently had personal knowledge of both situations. The court confirmed the fact that the three potential jurors challenged because of where they lived did, indeed, live in an area noted for high illicit drug activity. It also assured defense counsel that the fourth juror's mental problems made him a very unsatisfactory juror, even from the defense's standpoint, and defense counsel appeared to accept that assertion at the time.

¶ 10. It has been adjudicated that evidence that a potential juror lives in a high crime area is a race-neutral basis to exclude that person from the jury through the exercise of a peremptory challenge. Gibson v. State, 731 So.2d 1087(¶ 26) (Miss. 1998). As to the remaining juror, we have little trouble accepting the proposition that a challenge due to a juror's suffering from known, and apparently fairly severe, mental or emotional difficulties is both race neutral on its face and a legitimate reason to exercise a peremptory challenge to exclude that person from jury service.

¶ 11. The sole question remaining to be decided is whether the reasons as offered, though race-neutral on their face, were actually designed to mask the State's true purpose of excluding minority members of the venire from serving on the jury. Thorson v. State, 721 So.2d 590(¶ 5) (Miss.1998).

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Cite This Page — Counsel Stack

Bluebook (online)
757 So. 2d 323, 2000 WL 311516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnett-v-state-missctapp-2000.