Kadarius White v. State of Mississippi

223 So. 3d 859, 2017 WL 3263460, 2017 Miss. App. LEXIS 432
CourtCourt of Appeals of Mississippi
DecidedAugust 1, 2017
DocketNO. 2015-KA-00913-COA
StatusPublished
Cited by2 cases

This text of 223 So. 3d 859 (Kadarius White v. State of Mississippi) 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
Kadarius White v. State of Mississippi, 223 So. 3d 859, 2017 WL 3263460, 2017 Miss. App. LEXIS 432 (Mich. Ct. App. 2017).

Opinions

WILSON, J.,

FOR THE COURT:

¶ 1. Kadarius White was indicted and tried in the Hinds County Circuit Court oh four counts of armed robbery, four counts of armed carjacking, and possession of stolen property. The charges arose from five separate incidents. Following a jury trial, White was convicted of two counts of armed robbery, two counts of armed carjacking, and possession of stolen property. He was sentenced to four terms of twenty-five years and one term of ten years, all to be served concurrently in the custody of the Mississippi Department of Corrections.

■ ¶ 2. On appeal, White raises eight issues. We conclude that White is entitled to a new trial based on his first issue: a clear discovery violation by the State followed by the denial of White’s request, for a mistrial or continuance. Just prior to opening statements, the district attorney disclosed that the State possessed approximately ninety-five minutes of recorded phone conversations involving White, and the State intended to introduce unspecified parts of the recordings, including an alleged “confession,” into evidence at trial. The recordings had been in the State’s possession for two years, but despite a specific discovery request by White, the State had failed to disclose their existence. The trial judge delayed opening statements just long enough for White’s attorney to listen to the recordings but denied White’s request for a continuance or mistrial. Given the State’s clear violation of the rules of discovery and the importance of the evidence, we conclude that the denial of a continuance or mistrial was an abuse of discretion; that the error was not harmless, and that White is entitled to a new trial.

¶ 3. Since White’s first issue requires a new trial, we need not address the other grounds on which White seeks a new trial. We do address White’s speedy-trial and sufficiency-of-the-evidence arguments because these claims, if successful, would prevent further prosecution of White on some or all counts. However, White waived his statutory right to a speedy trial, and there was sufficient evidence to sustain convictions on the relevant counts, Accordingly, we reverse and remand for a new trial.

FACTS AND PROCEDURAL HISTORY

¶ 4. In August 2013, a Hinds County grand jury returned a nine-count indict[862]*862ment against White. The indictment alleged as follows: On April 7, 2013, White used a gun to take Scott Penman’s wallet and cell phone (Count I—armed robbery) and white Toyota Corolla (Count II— armed carjacking). On April 22, 2013, White used a gun to take Shelley Davis’s purse (Count III—armed robbery) and Jeep Cherokee (Count IV—armed carjacking). On April 22, 2013, White also used a gun to take LaQuinta Thomas’s purse (Count V—armed robbery) and Honda Civic (Count VI—armed carjacking). On April 23, 2013, White used a gun to take Destiny Taylor’s wallet and cash (Count VII—armed robbery) and Ford Fusion (Count VIII—armed carjacking). And on April 24, 2013, White possessed a Hyundai Sonata that had been stolen from Tabitha Bailey and that White knew or had reasonable grounds to know that the vehicle was stolen (Count IX—possession of stolen property).

Witness Testimony and Physical Evidence

¶ 5. At trial, Penman testified that he returned to his home in the Fondren area of Jackson around 8 p.m. on April 7, 2013. As he was still seated in his car, a man appeared next to the car, pointed a gun at him, and demanded his keys, wallet, and cell phone. Penman complied, and the man drove away in Penman’s white Toyota Corolla. Penman identified White in a photo lineup and at trial as the man who robbed him. Penman also testified that a day or two after the incident, he received an email from an “app” on his cell phone (“Lookout”) notifying him that his phone was in the vicinity of 932 or 933 Carnation Drive in Jackson.1 Detective Melvin Williams of the Jackson Police Department (JPD) later testified that White lived at 933 Carnation Drive. Penman’s cell phone was never recovered.

¶ 6. Between 10 and 10:30 p.m. on April 22, 2013,2 Davis drove up to the Willow Point Apartments in Jackson, where she lived at the time.3 Davis testified that when she exited her vehicle, a man snatched her keys from her hand, pointed a gun at her face, and then snatched her purse from her. The man then left in her vehicle, a Jeep Cherokee. Davis identified White in a photo lineup and at trial as the man who robbed her.

¶ 7. Around 11:10 p.m. on April 22, 2013, Thomas drove up to the Willow Creek Apartments in Jackson, where she lived at the time.4 Thomas testified that she parked on the street in front of the apartments, and as soon as she got out of her car, a man approached her with a gun drawn. He ordered her to put her purse and another bag back in her car, and she complied. He also took her keys. The man ordered Thomas to lie on the ground, but she ran toward her apartments instead. The man then left in Thomas’s vehicle, a Honda Civic. Thomas identified White in a photo lineup and at trial as the man who robbed her.

¶ 8. Taylor testified that around 9 or 10 p.m. on April 23, 2013, she went to visit a [863]*863Mend, Milton Miller, at his house on Lorenz Boulevard ih Jackson. Taylor and Miller drove to a store and then returned to his house. As they were sitting in Taylor’s car in the driveway, a man with a bandanna over his mouth appeared at the window with a gun and ordered them out of the car. After Taylor and Miller exited the car, the man’s bandanna slipped down so that Taylor could see his face. The man then drove away in Taylor’s car, a Ford Fusion. Taylor’s wallet, which contained $300, was in the backseat. Taylor identified White in a photo lineup and at trial as the man who robbed her. Detective Williams testified that White .and Devontae Stamps- were later arrested together as codefendants on a “different charge,” and Stamps had Taylor’s social security card “in his pocket or on his person.”

¶ 9. Taylor also testified that immediately after the robbery, Miller made a phone call to someone, though she did not know who, and her car was returned about forty-five minutes later. The person who returned her ear was not the person who robbed her but “[s]omebody totally different,” who she did not know. At trial, JPD witnesses identified the man who returned the car as Dewan Adams. After the State rested, Adams was called as a defense witness. He testified that when Miller called him, “I told him I ain’t know who robbed him. What I did I went and got the car.... I got the car from Vontae.” Adams testified that he did not know Vontae’s last name but only knew him in “the neighborhood by Vontae.” Adams testified that Vontae was alone when he brought Adams the car. Adams also testified that he did not know White. On cross-examination, Adams acknowledged that he later met White in jail and that White was upset that Adams’s name came up in the case.

¶ 10. Bailey testified that between midnight and 1 a.m. on April 22, 2013, she drove a friend, Courtney Younger, to the Camelot Apartment Complex on Robinson Road in west Jackson. Bailey’s daughter and Younger’s three-year-old son were also in the vehicle, a Hyundai Sonata. When Bailey and Younger exited the Sonata, “two young men” approached them with guns drawn. One of the men put his gun to Bailey’s chest, and the other put his gun to Younger’s head. The men took the women’s purses and were about to' drive away in the Sonata with Younger’s son still inside.

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223 So. 3d 859, 2017 WL 3263460, 2017 Miss. App. LEXIS 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kadarius-white-v-state-of-mississippi-missctapp-2017.