Blocker v. State

809 So. 2d 640, 2002 WL 358661
CourtMississippi Supreme Court
DecidedMarch 7, 2002
Docket1999-KA-01694-SCT
StatusPublished
Cited by27 cases

This text of 809 So. 2d 640 (Blocker v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blocker v. State, 809 So. 2d 640, 2002 WL 358661 (Mich. 2002).

Opinion

809 So.2d 640 (2002)

Yolanda BLOCKER
v.
STATE of Mississippi.

No. 1999-KA-01694-SCT.

Supreme Court of Mississippi.

March 7, 2002.

*641 William Andy Sumrall, Jackson, attorney for appellant.

Office of the Attorney General, by Billy L. Gore, attorney for appellee.

Before McRAE, P.J., EASLEY and GRAVES, JJ.

McRAE, P.J., for the Court.

¶ 1. Yolanda Blocker was convicted of one count of murder less than capital and one count of aggravated assault. She was sentenced to serve life, plus twenty (20) years to run concurrently. On appeal she alleges several errors by the trial court, namely, not granting a mistrial on a juror's misconduct, failing to instruct on "deliberate design," evidence was not sufficient to convict, and ruling certain evidence concerning a "crack house" to be inadmissible. We find the judge's failure to excuse the juror who read about the plea negotiations in the newspaper and also the judge's denial of a mistrial to be harmless error. Therefore, the judgment of the trial court is affirmed.

*642 FACTS

¶ 2. It is undisputed that on the night of August 12, 1997, Melissa Ledbetter and her aunt, Catherine Ledbetter, were on their way home after visiting Melissa's cousin, Estella, and her new baby. Riding in the backseat were four of Catherine's grandchildren. Not far from Estella's, shots were fired towards the car from behind. Jared Ledbetter, age nine, was killed when a bullet entered his head, and Jonathan Ledbetter, age eleven, was shot in the arm.

¶ 3. Acting on a tip, the police went to the residence of Curman G. (aka C.G.) Madden who agreed to a search of his house. Madden confessed to the shooting when an assault rifle was found in his possession. After spending a couple of days in jail, Madden told the police that he had only been the driver and that Yolanda Blocker, his ex-girlfriend, had been the shooter.

¶ 4. Blocker and Madden have different versions of the events surrounding the shooting which took place on the night of August 12, 1997, as Blocker denies any involvement.

Madden's version

¶ 5. Blocker came to Madden's house about 2:30 a.m. on August 12, 1997. According to Madden, Blocker said that someone was shooting at her. She got Madden's rifle, and he drove her around to look for her assailants. Madden did not know for whom Blocker was looking, but he took her home after she was unsuccessful.

¶ 6. Per Blocker's instructions, Madden returned to her house around 10:00 p.m. He was driving his mother's black Nissan Sentra. Blocker, who was wearing black pants and a white t-shirt, ordered Madden to drive to his house when she realized he had not brought the rifle. He got his gun for Blocker, and after she checked the clip for bullets, he showed her how to close the chamber because she had never used his gun before. Sometime after 10:30 p.m. Blocker told Madden "to get up and come on."

¶ 7. Madden drove through the Lanier High School neighborhood several times before Blocker became excited-saying "there them bitches" and asking Madden to turn the car around. Blocker supposedly said "she was going to do the girl just like she had did her[]" then she leaned out the window and started shooting at the car in front of them.

¶ 8. The taillights of the victim's car were shot out, and the car was smoking. Upon being told that it looked like she had hit one of the passengers, Blocker expressed no remorse and said "[I] was trying to hit the tank and blow their ass up...." Blocker and Madden then went to Taco Bell to get something to eat.

Blocker's version

¶ 9. Blocker says she was at home with her father, mother, boyfriend and other family members when the shooting occurred. She testified that her mother knocked on her bedroom door about 12:30 a.m. and told her that C.G. wanted to see her. C.G. informed her that he had taken care of her business and asked her to ride to Flora with him. They drove to his mother's house in Flora and left a black car there in exchange for a brown one. Blocker was back at home in under an hour and a half. Madden never told Blocker that he had shot anyone, and she never saw a gun.

¶ 10. Blocker raises four issues:

I. Whether the trial judge abused her judicial discretion in denying Blocker's request for a mistrial or in failing to excuse for cause a juror who, prior to trial on the *643 second day thereof, disclosed that he had read a morning newspaper article about the case.
II. Whether the evidence, in its totality, was legally sufficient to sustain the verdict returned by the jury.
III. Whether the trial judge abused her judicial discretion in ruling, on her own motion, that certain evidence concerning a crack house was inadmissible.
IV. Whether the trial judge erred in failing to instruct the jury on the meaning of the term, "deliberate design."

DISCUSSION

I. Whether the trial judge abused her judicial discretion in denying Blocker's request for a mistrial or in failing to excuse for cause a juror who, prior to trial on the second day thereof, disclosed that he had read a morning newspaper article about the case.

¶ 11. Blocker contends that the trial court should have granted her request for a mistrial because it was erroneous to allow the juror who read the newspaper article, which contained a suggestion that plea bargaining had been initiated, to remain on the jury. The granting of a motion for a mistrial is within the sound discretion of the trial court. Bass v. State, 597 So.2d 182, 191 (Miss.1992). Failure of a trial court to grant a mistrial will not be overturned on appeal without a showing that the judge abused his or her discretion. Id. Mississippi Rules of Evidence 410 governs the admissibility of evidence regarding plea discussions. We find that since the article's referred to a plea bargain, the trial court erred when she failed to excuse the tainted juror. It follows that the denial of Blocker's motion for a mistrial was erroroneous as well. However, we hold that these errors were harmless.

¶ 12. Mississippi has adopted Rule of Evidence 410, Inadmissibility of Pleas, Plea Discussions, and Related Statements, which provides that:

Except as otherwise provided in this rule, evidence of the following is not, in any civil or criminal proceeding, admissible against the defendant who made the plea or was a participant in the plea discussions:
(1) A plea of guilty which was later withdrawn;
(2) A plea of nolo contendere;
(3) Any statement made in the course of any proceedings under Mississippi statutory or rule of court provisions regarding either of the foregoing pleas; or
(4) Any statement made in the course of plea discussions with an attorney for the prosecuting authority which does not result in a plea of guilty or which results in a plea of guilty later withdrawn.
However, such a statement is admissible (1) in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it, or (2) in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record, and in the presence of counsel.

¶ 13. We have declared that "a jury's verdict must be based upon the evidence and not affected by extraneous influences." Fuselier v. State,

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Cite This Page — Counsel Stack

Bluebook (online)
809 So. 2d 640, 2002 WL 358661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blocker-v-state-miss-2002.