Laquon Fluker a/k/a Laquon Akeem Fluker a/k/a Laquan Akeem Fluker v. State of Mississippi

CourtCourt of Appeals of Mississippi
DecidedFebruary 20, 2024
Docket2022-KA-00692-COA
StatusPublished

This text of Laquon Fluker a/k/a Laquon Akeem Fluker a/k/a Laquan Akeem Fluker v. State of Mississippi (Laquon Fluker a/k/a Laquon Akeem Fluker a/k/a Laquan Akeem Fluker 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
Laquon Fluker a/k/a Laquon Akeem Fluker a/k/a Laquan Akeem Fluker v. State of Mississippi, (Mich. Ct. App. 2024).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2022-KA-00692-COA

LAQUON FLUKER A/K/A LAQUON AKEEM APPELLANT FLUKER A/K/A LAQUAN AKEEM FLUKER

v.

STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 06/23/2022 TRIAL JUDGE: HON. JON MARK WEATHERS COURT FROM WHICH APPEALED: FORREST COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: HUNTER NOLAN AIKENS ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALLISON ELIZABETH HORNE DISTRICT ATTORNEY: PATRICIA A. THOMAS BURCHELL NATURE OF THE CASE: CRIMINAL - FELONY DISPOSITION: AFFIRMED - 02/20/2024 MOTION FOR REHEARING FILED:

BEFORE CARLTON, P.J., WESTBROOKS AND LAWRENCE, JJ.

LAWRENCE, J., FOR THE COURT:

¶1. On June 21, 2022, Laquon Fluker was convicted of conspiracy to commit aggravated

assault of a fellow prison inmate. He was sentenced as a habitual offender to life

imprisonment in the custody of the Mississippi Department of Corrections without eligibility

for parole or probation. Fluker now appeals, arguing several issues, including insufficient

evidence, a wrongful refusal to include a lesser-included-offense jury instruction,

inadmissible evidence improperly admitted at trial, insufficient authentication of a prison

shank, and cumulative error. Upon review, this Court affirms Fluker’s conviction and sentence.

FACTUAL BACKGROUND

¶2. On March 29, 2021, inmate James Bryant was “stabbed” in one of the “Q pod” cells

at the Forrest County Adult Detention Center (“the jail”). He alerted the jail authorities about

the incident and informed them that a group of inmates, including Laquon Fluker, had

“lured” him into a cell and then assaulted him with shanks. The jail conducted an

investigation and identified the five conspirators involved: Fluker, Kenneth Hogan Smith,

Tyler Daw, Joseph Reid, and Sean Turner. On May 10, 2022, a grand jury indicted Fluker

for aggravated assault (Count I) and conspiracy to commit aggravated assault (Count II).

¶3. On June 13, 2022, counsel for Fluker filed a motion to suppress evidence—namely

a “fashioned shank” allegedly lacking “chain of custody documentation accompanying the

physical weapon.” The motion explained that the State had provided no “conclusive

statement or identification that the shank currently in [the State’s] possession . . . was in-fact

the same shank utilized in this alleged stabbing.” The trial court held a hearing on the motion

on June 15, 2022. The State argued that the shank should be admissible because it would

“not be attempting to prove that the fashioned shank that was recovered in Q-pod was the

[same] shank used to stab James Bryant.” Instead, the State continued, the shank was

“recovered in the same area” where the assault occurred and was “relevant to show the

physical characteristics and traits of the shank.” The trial judge took the matter under

advisement.1

1 At the motions hearing the court also addressed the State’s motion to “exclude the nature of one (1) of the victim’s prior felony convictions[.]” The trial judge did not

2 ¶4. Fluker’s trial took place on June 20-21, 2022. The State first called Chiquita Caines,

a lieutenant with the Forrest County jail, to testify. She explained that the jail was separated

into “pods” identified “[b]y letters,” and there were “[a]bout 20” pods in total. The pods

typically house “24 inmates to one pod” with separate “two men cells[.]” The jail contained

a “common area” where inmates housed within any pod had “the freedom to move about . . .

throughout the day.” The individual cells, where the inmates slept and used the bathroom,

were not monitored by camera, but “the day room[ and] common area” were always

monitored.

¶5. Caines arrived at the jail on the morning of March 30, 2021, where she “learned that

inmate James Bryant had been assaulted in Q pod by several inmates.” In her office drop-

box, she found a deposited “fork . . . shaved down on one end to make it pointed and . . .

wrapped in cardboard from an item purchased off of canteen and . . . wrapped up with Saran

wrap.” Caines agreed with the State that the weapon was “sharpened on one edge” and could

be used as a deadly weapon.2 She gave the weapon to Greg Holliman, the investigator

assigned to the case. After reading the incident report, Caines “rolled the footage back in an

attempt to see where [Bryant] was assaulted and when.” Caines testified that inmates would

sometimes fashion weapons out of otherwise unsuspicious objects. She herself had seen

“[h]undreds.”

immediately rule on this motion either. The record is unclear as to how the court ruled, but the State elicited testimony from Bryant on direct examination regarding the nature of his convictions. 2 After reviewing the shank, it appears to be a sharpened piece of material wrapped in a nylon string.

3 ¶6. The surveillance footage from the “lower level” of Q-pod in the jail was admitted into

evidence without objection. As the footage was played for the jury, Caines answered

questions from the State to explain what the video was showing. In sum, the video showed

Reid enter the common area and sit down at a table where inmates played chess. Bryant was

stationed “in the bottom right-hand corner” of the screen and stood up to begin “walking to

Q-6,” referring to the specific cell. Reid then signaled into the Q-5 cell where Fluker and

Kenneth Hogan Smith were located. Reid began “pointing towards Q-6[,]” the cell Bryant

had just entered. Fluker and Hogan Smith then walked out of Q-5 and toward Q-6. Hogan

Smith’s right hand was “[i]nside of his boxers” reaching in his waistband. Reid began

walking back toward the chess table and tapped Sean Turner on the back. A few seconds

later, Turner “got up from the table” and began looking towards Q-6. Around that time,

Bryant is seen running out of Q-6 in an attempt to get away before Turner stops him midway

to hit him.3 The video shows that Bryant was able to quickly get away from Turner and run

upstairs.4 Reid started “pointing upstairs,” and Hogan Smith, Daw, and Fluker began to go

upstairs. The State stopped the video at this point. Still photos taken from the surveillance

video were also admitted into evidence without objection.

¶7. Caines testified that Bryant filed an inmate grievance on March 23, 2021, stating that

“one of the officers [was] antagonizing him and several other inmates were saying stuff . . .

3 Caines did not verbally comment that Turner hit Bryant while the footage was shown in open court, but the video is clear in showing it. 4 Although Caines did not verbally comment about Bryant running away as the footage was shown in open court, the video is clear in showing it.

4 please do something about this matter because [he was] really thinking about f*cking him

up if this happens again.”5 He complained again on March 25, claiming that he was missing

funds that were supposed to have “been added to [his] account.” He also asked to be moved

to another pod “to get away from the ignorance that’s on this pod.”

¶8. Bryant filed another complaint on March 26, apologizing “for cursing when [he] was

asking . . . about moving to G pod.” He reiterated his request, stating that he “want[ed] to

be where there is some people with some sense and not so childish.” Bryant filed additional

grievances on March 27 and March 29, warning that “if [he] stab[bed] one of these guys it

w[ould] be because of you all . . .

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Laquon Fluker a/k/a Laquon Akeem Fluker a/k/a Laquan Akeem Fluker v. State of Mississippi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laquon-fluker-aka-laquon-akeem-fluker-aka-laquan-akeem-fluker-v-state-missctapp-2024.