Robinson v. State

726 So. 2d 189, 1998 WL 812326
CourtCourt of Appeals of Mississippi
DecidedNovember 24, 1998
Docket96-KA-01414 COA
StatusPublished
Cited by15 cases

This text of 726 So. 2d 189 (Robinson 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
Robinson v. State, 726 So. 2d 189, 1998 WL 812326 (Mich. Ct. App. 1998).

Opinion

726 So.2d 189 (1998)

Randall ROBINSON a/k/a Randall Lee Robinson, Jr., Appellant,
v.
STATE of Mississippi, Appellee.

No. 96-KA-01414 COA

Court of Appeals of Mississippi.

November 24, 1998.

*190 William B. Sullivan, Laurel, for Appellant.

Office of the Attorney General by Scott Stuart, for Appellee.

Before THOMAS, P.J., and KING and SOUTHWICK, JJ.

THOMAS, P.J., for the Court:

¶ 1. Randall Robinson appeals his conviction of aggravated assault raising the following issues as error:

I. THE LOWER COURT ERRED IN ALLOWING THE STATE TO POSE HYPOTHETICAL QUESTIONS TO THE JURY

II. THE LOWER COURT ERRED IN THE MANNER IN WHICH THE JURY WAS SELECTED

*191 III. THE LOWER COURT ERRED IN REFUSING TO REQUIRE THE STATE TO GIVE NON RACIAL REASONS FOR CHALLENGING JURORS

IV. THE LOWER COURT ERRED IN NOT PROPERLY INSTRUCTING THE JURY

V. THE LOWER COURT ERRED IN ALLOWING USE OF THE DEFENDANT'S YOUTH COURT RECORD IN SENTENCING THE DEFENDANT

¶ 2. Finding no error, we affirm.

FACTS

¶ 3. During the midnight hours of June 2, 1995 Clifton Curtis Jordan was shot in the lower left leg with a SK38 semi-automatic rifle by Randall Robinson in the parking lot of a store named Jo-Jo's in Waynesboro, Mississippi. Earlier that night Jordan and several others were at a dance and pool hall named Eddie's Pool Club. Robinson was also at Eddie's that evening. A brief encounter of words between Jordan and Robinson occurred at Eddie's and ended without an altercation between the two. Robinson and Jordan continued their night at Eddie's without further incident. Testimony indicated Robinson had previously dated Jordan's cousin and that he and Robinson were acquainted with one another. At around midnight Eddie's began closing for the night and many of the patrons went to Jo-Jo's, including Jordan and Robinson. Testimony at trial indicated it was customary for patrons to go to Jo-Jo's after Eddie's closed.

¶ 4. Jordan and his party went to Jo-Jo's and Robinson immediately pulled his vehicle in behind Jordan's vehicle. Jordan went to another vehicle to have a conversation with Randall McFarland, a friend, and upon returning to his vehicle words again were exchanged between Jordan and Robinson. At this point Robinson pulled the SK38 from his car and pointed it in the direction of Jordan. As Jordan turned to flee, Robinson fired the SK38, striking Jordan in the left calf which knocked him to the ground. Robinson then walked over to the injured Jordan, placed the SK38 to Jordan's chest and repeatedly pulled the trigger, however, due to reasons unknown and fortunately for Jordan, the rifle failed to discharge. A store security guard disarmed Robinson and Robinson fled in his vehicle.

ANALYSIS

I.

THE LOWER COURT ERRED IN ALLOWING THE STATE TO POSE HYPOTHETICAL QUESTIONS TO THE JURY

¶ 5. Robinson contends the trial court erred in allowing the State to pose hypothetical questions to the jury during voir dire. Robinson cites no cases as authority on this issue. The only authority cited in Robinson's brief on this issue is a recitation of URCCC 3.05 which states in pertinent part, "No hypothetical questions requiring any juror to pledge a particular verdict will be asked." Based upon this rule, Robinson maintains as error the following questions asked by the State during voir dire:

Q. Now, the questions that I have to ask are these. Is there anything about that set of facts, if we, assuming that we're able to prove to you those facts that I just related to you and convince you beyond a reasonable doubt that those are the facts, is there anyone here who would have a difficulty returning a verdict of guilty on the basis of those kinds of facts if the law is what I stated to you? Anyone?
(NO RESPONSE)
Q. Would any of you think that under a set of facts such as that that you would have some difficulty for some personal reason of returning a verdict of guilty?
(NO RESPONSE)
Q. Do any of you feel that you would have difficulty following the law, if it is what I stated to you on the basis of those facts?
(NO RESPONSE)

¶ 6. The standard of review for determining the impropriety of a question is abuse of discretion. Harris v. State, 532 So.2d 602, 606 (Miss.1988). Mississippi case law prohibits attorneys from attempting to elicit promises from the jury promising that under a hypothetical set of circumstances, *192 they will return a specific verdict. West v. State, 553 So.2d 8, 21 (Miss.1989). After a careful review of the record we are not persuaded by Robinson's argument. It is readily apparent from the record that the hypothetical questions posed by the State were not attempts to elicit promises to vote one way or another. A hypothetical question does not create per se reversible error where the prosecutor does not "specifically request a verdict during voir dire." Holland v. State, 705 So.2d 307 (¶ 116) (Miss.1997), (citing Stringer v. State, 500 So.2d 928, 938 (Miss. 1986)). The hypothetical questions posed by the State were proper and we find no error in the trial court's exercise of discretion. This assignment of error is without merit.

II.

THE LOWER COURT ERRED IN THE MANNER IN WHICH THE JURY WAS SELECTED

¶ 7. Robinson assigns error to the trial court's method of jury selection. Robinson's only claim rests on a vague recitation of Rule 4.05(2) of the Uniform Rules of Circuit and County Court without any additional argument or citation to authority in support thereof. Robinson maintains a full panel of accepted jurors was not tendered to him after the State exercised its first round in the jury selection. Robinson is incorrect and misinterprets the selection procedure outlined in URCCC 4.05(2). Under URCCC 4.05(2) a full panel of jurors, meaning twelve, are tendered by the State after electing to exercise any peremptory strikes. This procedure was followed precisely during the selection process. It is clearly evident from the record that Robinson was tendered jurors: 2, 3, 4, 6, 7, 8, 9, 12, 13, 14, 15, and 18, a total of twelve from which to exercise his peremptory strikes in the first round of jury selection. We see no need to address this issue further, it is without merit.

III.

THE LOWER COURT ERRED IN REFUSING TO REQUIRE THE STATE TO GIVE NON RACIAL REASONS FOR CHALLENGING JURORS

¶ 8. Robinson maintains that the trial court erred in failing to require the State to provide non racial reasons for the use of peremptory strikes against three jurors. In support of Robinson's contention, he cites to Edmonson v. Leesville Concrete, Co., 500 U.S. 614, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991) (holding Batson criteria applicable to private litigation in a civil case) and Powers v. Ohio, 499 U.S. 400, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991) (holding that racial identity between the objecting defendant and the excluded jurors does not constitute a relevant precondition for a Batson challenge), neither of which are applicable to the circumstances and issues of the case at hand. We note that these are the only two cases Robinson cites as authority in briefing his allegations of error.

¶ 9.

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Bluebook (online)
726 So. 2d 189, 1998 WL 812326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-state-missctapp-1998.