Jasper v. State

759 So. 2d 1136, 1999 WL 1126600
CourtMississippi Supreme Court
DecidedDecember 9, 1999
Docket1998-KA-01079-SCT
StatusPublished
Cited by20 cases

This text of 759 So. 2d 1136 (Jasper 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
Jasper v. State, 759 So. 2d 1136, 1999 WL 1126600 (Mich. 1999).

Opinion

759 So.2d 1136 (1999)

Steve JASPER
v.
STATE of Mississippi.

No. 1998-KA-01079-SCT.

Supreme Court of Mississippi.

December 9, 1999.

*1137 Anthony J. Buckley, Laurel, Attorney for Appellant.

Office of the Attorney General by Deirdre McCrory, Attorney for Appellee.

BEFORE PITTMAN, P.J., WALLER AND COBB, JJ.

COBB, Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. In February 1997, the Appellant, Steve Jasper, was indicted for the crime of grand larceny in Jones County, Mississippi. The indictment alleged that on or about June 11, 1997, Jasper stole a 1988 Ford truck containing furniture and other valuables from Crocker's, Inc., a furniture store located in Laurel, Mississippi.

¶ 2. On May 26 and 27, 1998, a trial on the merits was held in the Jones County Circuit Court. At the conclusion of the trial, the jury returned a verdict of guilty of grand larceny, and Jasper was sentenced as an habitual offender to serve five (5) years in the custody of the Mississippi Department of Corrections.

¶ 3. Taking exception with the jury's guilty verdict and the subsequent sentence, Jasper moved the trial court for a JNOV or a new trial, but that motion was denied. Jasper now appeals to this Court raising the following issues:

I. THE COURT ERRED IN ALLOWING THE STATE TO STRIKE A BLACK JUROR OVER DEFENSE COUNSEL'S BATSON OBJECTION.
II. THE COURT ERRED IN SUGGESTING TO THE STATE HOW TO CURE A VERY SERIOUS ISSUE THAT HAD ARISEN AT TRIAL, AND HAD BEEN OBJECTED TO BY DEFENSE COUNSEL, THEREBY EXHIBITING JUDICIAL BIAS.
III. THE COURT ERRED IN ALLOWING THE STATE TO ASK THE DEFENDANT, OVER OBJECTION, ABOUT PRIOR FELONY CONVICTION WITHOUT GIVING A LIMITING INSTRUCTION.
IV. THE VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE AND INSUFFICIENT AS A MATTER OF LAW.

STATEMENT OF FACTS

¶ 4. On the morning of June 11, 1997, a 1988 Ford truck was stolen from Crocker's, Inc., a furniture store in Laurel, Mississippi. At the time, the truck was loaded with two complete dining room suites, one valued at $775 and the other at $1,691. The Laurel Police Department was notified of the theft.

¶ 5. Later that afternoon, the truck was located sitting on the off-ramp of the I-59 southbound Moselle exit. Officer Tyrone Stewart of the Laurel Police Department contacted Charles Crocker, one of the owners of Crocker's, Inc., and arranged for Crocker to meet him in order to identify the truck. Crocker went to the truck's location and identified it as the vehicle which was stolen from the store that morning. Stewart confirmed the truck's ownership by running the truck's tag number and identifying the Crocker's logo on the side of the truck. The dining room suites were no longer in the truck.

¶ 6. At the scene, Stewart photographed the truck and dusted it for fingerprints. Stewart recovered several latent fingerprints from the inside surface of the driver's door on the panel next to the window. Only one latent fingerprint of value was found, and it was identified as the left middle fingerprint of Steve Jasper.

¶ 7. At trial, Billy Cooper, a friend of Jasper's for 10 or more years, testified that Jasper borrowed his truck sometime in the middle of June, 1997. Jasper left in the truck and returned approximately five (5) hours later with a table and four chairs. *1138 Jasper left the table and chairs at Cooper's house without further explanation. Cooper also testified that he and Jasper retrieved a table and six (6) chairs from a wooded area just outside of Ellisville, Mississippi, and took this second set of furniture to the house of Cooper's sister.

¶ 8. Jasper, testifying in his own defense, denied stealing the truck and furniture and denied ever being around the Crocker's delivery truck. Jasper did not recall his whereabouts on June 11, 1997.

¶ 9. The jury found Steve Jasper guilty of grand larceny. The judge denied Jasper's request for a pre-sentence report and sentenced Jasper to five (5) years to be served as an habitual offender. Jasper now appeals to this Court.

ANALYSIS

I. THE COURT ERRED IN ALLOWING THE STATE TO STRIKE A BLACK JUROR, OVER DEFENSE COUNSEL'S BATSON OBJECTION.

¶ 10. Jasper first asserts that the trial court erred in allowing the State to peremptorily challenge a black juror, Judia McDonald, thereby removing her from the jury panel. Jasper claims that Mc-Donald's removal was effected for a racially invidious purpose. The State responds that McDonald was challenged for a racially neutral reason—she was a close friend of Jasper's mother.

¶ 11. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), proscribes the racially discriminatory use of peremptory challenges. In order to establish a prima facie case of racial discrimination in the context of peremptory challenges, a defendant must demonstrate that:

He is a member of a cognizable racial group, and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant's race. Second, the defendant is entitled to rely on the fact, as to which there can be no dispute, that peremptory challenges constitute a jury selection practice that permits `those to discriminate who are of mind to discriminate.'

Booker v. State, 716 So.2d 1064, 1068 (Miss.1998).

¶ 12. In Booker we held that a "circuit court's findings as to whether the State exercised race-neutral peremptory challenges will be given great deference and will not be reversed unless they appear to be clearly erroneous." Id. See also Coleman v. State, 697 So.2d 777, 785 (Miss. 1997); Johnson v. State, 529 So.2d 577, 583 (Miss.1988); Lockett v. State, 517 So.2d 1346, 1349 (Miss.1987).

¶ 13. During voir dire, Judia Mc-Donald informed the State that she had known Jasper's mother, Bobbie Ferguson, for some 25 years. However, McDonald stated that she did not know Jasper and that her acquaintance with Bobbie Ferguson would not influence her decision. Later, the State exercised one of its peremptory challenges against McDonald, voicing concerns about her relationship with Jasper's mother. The trial judge granted the strike over the defense's objections, but made no findings of fact as to whether the State's reasons for making the peremptory challenge against McDonald were raceneutral.

¶ 14. This Court held in Fleming v. State, 732 So.2d 172 (Miss.1999), that trial courts should make an on-the-record factual determination of the merits of the reasons supporting the State's use of peremptory challenges. We found that such an on-the-record determination would remove "the guesswork surrounding the trial court's ruling" on a Batson issue. Fleming at 179.

¶ 15. According to our holding in Fleming the trial judge in the instant case was in error when he failed to make a finding on the record that the State's reasons for challenging McDonald were race-neutral. However, we hold this to be harmless error in this case as we find nothing in the record that indicates a Batson violation. The State challenged McDonald, not because *1139 she was black, but because she had known and attended church with the defendant's mother for 25 years.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Tony Terrell Clark v. State of Mississippi
Mississippi Supreme Court, 2022
Jontavian Eubanks v. State of Mississippi
Mississippi Supreme Court, 2020
Moss v. State
190 So. 3d 9 (Court of Appeals of Mississippi, 2015)
Stone v. State
94 So. 3d 1078 (Mississippi Supreme Court, 2012)
Robinson v. State
35 So. 3d 501 (Mississippi Supreme Court, 2010)
Johnson v. State
69 So. 3d 10 (Court of Appeals of Mississippi, 2010)
Robinson v. State
35 So. 3d 524 (Court of Appeals of Mississippi, 2009)
Roach v. State
7 So. 3d 911 (Mississippi Supreme Court, 2009)
Caldwell v. State
6 So. 3d 1076 (Mississippi Supreme Court, 2009)
Scott Oliver Caldwell v. State of Mississippi
Mississippi Supreme Court, 2007
Floyd Robinson v. State of Mississippi
Mississippi Supreme Court, 2007
Jimmie Roach v. State of Mississippi
Mississippi Supreme Court, 2004
Wilson v. State
893 So. 2d 1064 (Court of Appeals of Mississippi, 2004)
Forrest v. State
876 So. 2d 400 (Court of Appeals of Mississippi, 2003)
Moody v. State
841 So. 2d 1067 (Mississippi Supreme Court, 2003)
Kenneth Moody v. State of Mississippi
Mississippi Supreme Court, 2001
State v. George
768 So. 2d 748 (Louisiana Court of Appeal, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
759 So. 2d 1136, 1999 WL 1126600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jasper-v-state-miss-1999.