Carr v. State

880 So. 2d 1079, 2004 Miss. App. LEXIS 849, 2004 WL 1878902
CourtCourt of Appeals of Mississippi
DecidedAugust 24, 2004
DocketNo. 2003-KA-00826-COA
StatusPublished
Cited by1 cases

This text of 880 So. 2d 1079 (Carr 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
Carr v. State, 880 So. 2d 1079, 2004 Miss. App. LEXIS 849, 2004 WL 1878902 (Mich. Ct. App. 2004).

Opinion

GRIFFIS, J.,

for the Court.

¶ 1. Columbus Carr was convicted of capital murder and sentenced to life in prison. The trial court denied Carr’s motions for judgment notwithstanding the verdict and for a new trial, and Carr perfected his appeal. Finding no error, we affirm.

FACTS

¶ 2. In the early morning hours of December 31, 2001, Wayne King returned to his home to find that his mother, Vestoria King, had been murdered. Wayne promptly notified the police.

¶3. Officer Earnest Bradley , was the first on the scene. Officer Bradley testified that when he arrived, the house was in shambles. The furniture was knocked over and blood was everywhere. Ms. King’s body was lying face up on the floor, and it was obvious that she had received multiple stab wounds. Officer Bradley then notified the police chief, Charles McGhee.

¶ 4. After he arrived at the scene, Chief McGhee spoke with Officer Bradley. Chief McGhee recalled that he saw Carr walking from the direction of the King residence, around one o’clock that morning, when McGhee returned home. At that time, when Carr saw Chief McGhee in his driveway, Carr crossed to the other side of the street. Chief McGhee left the scene and went looking for Carr. Chief McGhee eventually found Carr at Ira Simmons’ house, which was located almost di[1081]*1081rectly behind the King residence. Chief McGhee testified that as soon as he found Carr, he noticed blood on Carr’s clothing. Chief McGhee placed Carr under arrest and read him the Miranda warnings.

¶ 5. Ira Simmons testified that, on the night in question, Carr was in and out of Simmons’ house. Around midnight, Carr left and said he was going to try to borrow some money from the Kings. Simmons noticed that when Carr returned later that evening he was no longer wearing his jacket. The police found Carr’s jacket, soaked with blood, under the steps to Simmons’ house.

¶ 6. Carr ultimately confessed that he went to the King residence to attempt to borrow some money. Carr told the police that when Ms. King refused to loan him ten dollars, he “snapped.” Carr confessed to hitting Ms. King with a metal chair and stabbing her multiple times. Carr also admitted that after he killed Ms. King, he looked through the house and her purse trying to find money.

¶ 7. Carr’s clothing was sent to the Mississippi State Crime Lab for DNA analysis. A forensic scientist from the crime lab testified that there was a complete match between the sample of blood taken from the victim and the blood found on Carr’s clothing.

¶ 8. At trial, Carr was convicted of capital murder with the underlying felony of armed robbery. He was sentenced to life in prison. Aggrieved, Carr now appeals asserting that the trial court erred by: (1) holding that Carr did not make out a prima facie case of gender and race discrimination during the jury selection process; (2) denying Carr’s motion in limine to suppress his statements to the police; (3) denying Carr’s motion to abolish peremptory challenges; (4) admitting certain exhibits over Carr’s objection; (5) denying Carr’s proposed jury instruction D-Sl; and (6) denying Carr’s motion for judgment notwithstanding the verdict or, in the alternative, for a new trial.

ANALYSIS

I. Whether the trial court erred in holding that Carr did not make out a prima facie case of gender and race discrimination during the jury selection process.

¶ 9. Carr claims that the trial court committed reversible error in finding that he had failed to establish a prima facie case of discrimination by the prosecutor in jury selection on the basis of both sex and race. In Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), the United States Supreme Court held that in order to make a prima facie showing of purposeful discrimination in the selection of a petit jury, a defendant must establish that he is a member of a cognizable racial group, that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant’s race, and that this raises an inference that the prosecutor used that practice to exclude veniremen from the jury on account of their race. The Batson rationale has also been extended to gender discrimination. Bounds v. State, 688 So.2d 1362, 1366 (Miss.1997).

¶ 10. Only after the defendant presents a prima facie case of gender discrimination does the burden shift to the State to come forward with a gender-neutral explanation for challenging the jurors. Mack v. State, 650 So.2d 1289, 1297 (Miss.1994). Stated somewhat differently, before the trial judge is required to conduct a Batson hearing, it must be shown that a prima facie case for purposeful discrimination exists. Puckett v. State, 737 So.2d 322, 334 (¶ 32) (Miss.1999).

[1082]*1082¶ 11. Carr claims that the prosecutor engaged in gender discrimination in the use of peremptory challenges when the prosecutor used four out of seven challenges against females. The trial court found that Carr had failed to establish a prima facie case of gender discrimination because the jury that had been selected at that point consisted of four males and three females.

¶ 12. Carr also claims that the prosecutor engaged in racial discrimination in the use of his peremptory challenges. Carr argues that the prosecutor used approximately forty-three percent, or three out of seven, of his challenges against blacks. The trial court noted that at that point the selected jury consisted of four whites and three blacks and determined that Carr had not made a case for racial discrimination.

¶ 13. In Conerly v. State, 544 So.2d 1370, 1372 (Miss.1989), the State only used five of its peremptory challenges, all to eliminate blacks, and this was found to create an inference of purposeful discrimination. The present case is distinguishable from Conerly because here the State did not only use its challenges against blacks and females, but also against whites and males.

¶ 14. In Williams v. State, 794 So.2d 181, 184(¶ 9) (Miss.2001), the State used two out of six peremptory challenges against blacks, and four against whites. The State also accepted two black venire-persons for the jury. Id. The court found that this did not suggest a pattern or raise an inference of discrimination. Williams is factually similar to the case at hand. Here, the State only used three out of seven challenges against blacks. The other four of its challenges were against whites. Similarly, the State only used four out of seven challenges against females, and the other three against males. Furthermore, the State accepted three females and three blacks on the jury. Had the State used only three of its challenges, all against blacks, or only four of its challenges, all against females, as in Conerly, this would have been sufficient to create an inference of purposeful discrimination. However, that is not the case.

¶ 15. As such, we find that the State’s use of peremptory challenges did not suggest a pattern or raise an inference of discrimination. Therefore, we find that the trial court did not commit error.

II. Whether the trial court erred in denying Carr’s motion in limine to suppress his statements to the police.

¶ 16.

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880 So. 2d 1079, 2004 Miss. App. LEXIS 849, 2004 WL 1878902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-state-missctapp-2004.