Jones v. State

826 So. 2d 901, 2001 Ala. Crim. App. LEXIS 29, 2001 WL 221063
CourtCourt of Criminal Appeals of Alabama
DecidedMarch 2, 2001
DocketCR-98-1388
StatusPublished
Cited by2 cases

This text of 826 So. 2d 901 (Jones v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. State, 826 So. 2d 901, 2001 Ala. Crim. App. LEXIS 29, 2001 WL 221063 (Ala. Ct. App. 2001).

Opinion

On Rehearing Ex Mero Motu

McMILLAN, Presiding Judge.

This Court’s opinion of June 30, 2000, is withdrawn and the following is substituted therefor.

The appellant, Marcus Antonio Jones, appeals from his conviction for murder, a violation of § 13A-5-40(a)(2), Ala.Code 1975. He was sentenced to 99 years’ imprisonment, and was ordered to pay $9,500 restitution, attorney fees, and court costs.

I.

The appellant argues that the trial court erred in failing to ensure that the jury was properly sworn, pursuant to § 12-16-170, Ala. Code 1975.

An examination of the record reveals that the members of the jury venire were given an oath in which they swore to truthfully answer all questions propounded to them. The veniremembers then took an additional oath to “truly try all the issues which may be submitted ... and render true verdicts according to the evidence .... ” After allowing the parties to strike the jury, the trial court informed the parties that it would allow the jurors to go home, and it would not swear them in on the final oath until the following morning. The record further reveals that on the following morning, the trial court’s attention was diverted to a report in a morning newspaper that the victim’s brother had been arrested for possessing explosive devices. The trial court and the attorneys then discussed security measures and any pending motions. After questioning the jurors as to whether they had read or had discussed anything involving the case, the trial court proceeded with opening instructions, without administering the final oath. The record indicates that the appellant did not object to the trial court’s failure to administer the final oath, but rather first noted it in his motion for a new trial.

Although the trial court failed to administer the final oath to the petit jury, no reversible error occurred. The appellant failed to object on this ground at trial, and the venire oaths were given to each member of the petit jury. See Ex parte Deramus, 721 So.2d 242, 244 (Ala.1998) (“ ‘any defect in the administration of the oath’ is reversible error only if ‘some objection was taken ... during the progress of the trial, based on [that] defect’ ”, quoting § 12-16-173, Ala.Code 1975). Moreover, the record establishes that the venire oaths given to the veniremembers, which contained all those persons who later served on the petit jury, tracked the language of § 12-16-170, Ala.Code 1975, and Rule 18.5, Ala. R.Crim.P. Ex parte Deramus; Hellums v. State, 630 So.2d 477 (Ala.Crim.App.1993).

[903]*903II.

The appellant, a black male, argues that the trial court erred when it denied his Batson objection, made pursuant to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), on grounds that the State systematically and purposefully struck all four black veniremembers.

The record indicates that the trial court, after observing that all blacks had been removed from the venire, found that a prima facie case of racial discrimination had been established, and instructed the State to give its reasons for the strikes. The State explained that it had struck juror 25, a black male, for the following reasons: he had numerous convictions for issuing worthless checks; he had reported late for jury duty; and he had been arrested by an investigator in the prosecutor’s office. See Hall v. State, 816 So.2d 80 (Ala.Crim.App.1999) (having had “contact” with the bad-check unit of a prosecutor’s office is a race-neutral reason for striking a juror). The State struck juror 40, a black female, because she knew the appellant’s mother who was a witness in the case. See Carroll v. State, 701 So.2d 47, 52 (Ala.Crim.App.1996) (Striking a potential juror because he or she knows the defendant or his family is a race-neutral reason). Juror 55, a black female, was also struck because she had 15 worthless check charges pending against her. Juror 159, a black male, was struck because he was related to the appellant’s mother and had failed to complete the juror questionnaire; Additionally, juror 159 knew another defendant whose case was on the docket, and he was scheduled to speak at a friend’s funeral the following day. Hall, supra; Carroll, supra.

After considering the State’s reasons for its peremptory strikes, the trial court found that the reasons were race-neutral and it denied the motion. We find no abuse of the trial court’s discretion in denying the appellant’s Batson motion. Bone v. State, 706 So.2d 1291 (Ala.Crim.App.1997).

The appellant’s argument on appeal — that he was prejudiced by the fact that another defendant’s jury was selected from the venire before his jury was selected and that, therefore, he had less black veniremembers to choose from — was not preserved for appellate review. Toombs v. State, 739 So.2d 550 (Ala.Crim.App.1999). In fact, the record indicates that the trial court stated that if the parties had no objection, it would allow the other judges to get their juries first, because selection in the appellant’s murder trial would take more time because of the necessarily thorough questioning of the prospective jurors. Because no objection was made by the appellant to the method of jury selection, his argument is procedurally precluded from appellate review.

III.

The appellant argues that the State presented insufficient evidence to sustain his murder conviction. Specifically, he argues that the evidence was completely circumstantial and that, therefore, it was neither strong enough nor cogent enough to prove his guilt to a moral certainty. In support of his argument, he contends that there was no evidence that he possessed or fired the murder weapon or that he was at the scene of the crime. Additionally, he argues that the evidence, which included an alibi that he was with his girlfriend at the time of the murder, failed to exclude any inference consistent with his innocence.

rThe evidence presented by the State tended to show that the appellant and his accomplice, Kassey Reedy, had planned to rob the Grocery Outlet grocery store for at least one week before committing the crime. The twosome decided that it would [904]*904be easier to rob the store’s assistant manager, Ronald Jerkins, as he was making the night deposit at Regions Bank in Enterprise, rather than to rob him at the store. The appellant said that he preferred to be armed with a weapon to let the victim know that “he meant business,” so Reedy borrowed the murder weapon from his brother-in-law under the pretense of needing it for “protection.” On the night of the robbery-murder, the appellant and one of his girlfriends, Felicia White, went to Reedy’s residence and remained there until it was time to leave for the bank. Reedy and White dropped the appellant off near the bank, and then positioned themselves in a nearby parking lot to wait for the victim to arrive at the depository. The State presented the eyewitness testimony of Jeff Goolsby, who testified that he observed a struggle between two men at the Regions Bank depository and telephoned the emergency 911 number. He then heard a gunshot and saw a black male running away from the bank. He testified that the appellant’s physical build fit that of the murderer.

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Related

Carroll v. State
215 So. 3d 1135 (Court of Criminal Appeals of Alabama, 2015)
Martin v. State
62 So. 3d 1050 (Court of Criminal Appeals of Alabama, 2010)

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Bluebook (online)
826 So. 2d 901, 2001 Ala. Crim. App. LEXIS 29, 2001 WL 221063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-alacrimapp-2001.