Sanders v. State

942 So. 2d 156, 2006 WL 3231456
CourtMississippi Supreme Court
DecidedNovember 9, 2006
Docket2003-KA-01295-SCT
StatusPublished
Cited by11 cases

This text of 942 So. 2d 156 (Sanders 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
Sanders v. State, 942 So. 2d 156, 2006 WL 3231456 (Mich. 2006).

Opinion

942 So.2d 156 (2006)

Torri L. SANDERS and Sherry Sue Johnson
v.
STATE of Mississippi.

No. 2003-KA-01295-SCT.

Supreme Court of Mississippi.

November 9, 2006.

Robert Sneed Laher, Corinth, Louis Julian Holliday, Jr., attorneys for appellants.

*157 Office of the Attorney General by W. Daniel Hinchcliff, attorney for appellee.

Before SMITH, C.J., GRAVES and DICKINSON, JJ.

DICKINSON, Justice, for the Court.

¶ 1. This is a depraved heart murder case brought against two shoplifters who were involved in a fatal car crash at the end of a highspeed chase. The question presented is whether the trial court abused its discretion in refusing to sever the case to allow separate trials for the two defendants.

BACKGROUND FACTS AND PROCEEDINGS

¶ 2. On the morning of February 21, 2002, Sherry Sue Johnson went to Torri L. Sanders's home in White House, Tennessee, and convinced Sanders and another woman, Astin Dile, to accompany her on a shoplifting spree in Alabama. Although Sanders and Dile initially declined to go, they changed their minds. The three women set out in Johnson's car to Alabama, where they used a specialized shoplifting scam to "hit" several Wal-Mart stores. Upon arriving at the Wal-Mart in Mussel Shoals, Dile and Sanders went inside to purloin merchandise, while Johnson waited behind the wheel of the getaway vehicle. As they practiced their thievery, Dile triggered an alarm, prompting a Wal-Mart associate to ask to see a receipt and the contents of a box she and Sanders were taking from the store. Rather than comply with the associate's request, the two women ran to the getaway vehicle and fled the scene.

¶ 3. Concerned they were being followed by a police officer, Johnson pulled into a stranger's driveway, and the women waited for thirty to forty-five minutes until they thought it was safe to continue their getaway. Sanders then took the wheel of the getaway vehicle, Johnson moved to the passenger's seat, and Dile sat directly behind her in the backseat.

¶ 4. A police officer spotted the getaway car as it left the driveway. Ignoring the officer's flashing blue lights, the women fled, and a highspeed chase began. Sanders sped through residential areas and ran through intersections, stop signs, and red lights until she made her way onto Highway 72. The officer in pursuit never saw brake lights. At one point, Johnson grabbed the wheel and steered the car into the median and around two large trucks which were blocking the lanes at the request of the police. Sanders also flew through both stationary and rolling roadblocks at speeds (according to Dile's testimony) of at least 110 miles per hour.

¶ 5. A Tuscumbia officer testified that, during the highspeed pursuit, he observed the occupants of the vehicle laughing and carrying on a conversation. Johnson was on the phone most of the time, while Sanders was smoking cigarettes. A Cherokee police officer who later joined the chase was nearly run off the road.

¶ 6. As Sanders continued to drive, Johnson served as navigator, consulting a road map to find the best escape route. Dile testified that, rather than trying to get Sanders to stop, Johnson continuously yelled, "go, go, go!" During the chase, Johnson explained to Dile that they could not stop because she and Sanders would have their probations revoked and they would have to go to jail.[1] At some point, however, Johnson accepted the inevitable and called her husband to arrange bail money.

*158 ¶ 7. The defendants entered a busy commercial area of Corinth, Mississippi, at a high rate of speed. Sanders ran through a red light, hit the brakes, and crashed at 67 miles per hour into the side of a Chevy Cavalier driven by 36-year-old Kathy Hollands. Also in the Cavalier were Hollands's daughter, Brandy, 17, and Brandy's best friend, Jennifer Parsons, 18. All three women in the Cavalier were killed. The police arrived only seconds after the wreck.

¶ 8. Sanders and Johnson were indicted on March 21, 2002, on three counts of depraved heart murder. On March 7, 2003, Johnson filed a motion to sever the cases, which the trial court denied. The case against both women proceeded to trial in Alcorn Circuit Court on March 24, 2003. At the conclusion of the trial, the jury found both defendants guilty on all counts, and on March 27, 2003, they were each sentenced to three consecutive life sentences in the custody of the Mississippi Department of Corrections.

¶ 9. On April 16, 2003, the defendants filed a Motion for New Trial, which the trial court denied. The defendants then appealed to this Court,[2] raising only one substantive issue for our consideration, that is, whether the trial court erred in not severing the case and allowing the defendants to have separate trials.

DISCUSSION

¶ 10. Rule 9.03 of the Uniform Rules of Circuit and County Court Practice provides that "[t]he granting or refusing of severance of defendants in cases not involving the death penalty shall be in the discretion of the trial judge." Therefore, we will review the trial court's denial of the defendants' motion to sever, and reverse only for abuse of discretion. King v. State, 857 So.2d 702, 716 (Miss.2003).

¶ 11. Both this Court and the United States Supreme Court have recognized the appropriateness and importance of joint trials. Cavett v. State, 717 So.2d 722, 727 (Miss.1998) (citing Richardson v. Marsh, 481 U.S. 200, 210, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987) ("Joint trials generally serve the interests of justice by avoiding inconsistent verdicts and enabling more accurate assessment of relative culpability—advantages which sometimes operate to the defendant's benefit.")). Defendants jointly indicted for a felony are not entitled to separate trials as a matter of right. Price v. State, 336 So.2d 1311, 1312 (Miss.1976).

¶ 12. "[T]he decision whether to grant a severance depends on whether the severance is necessary to promote a fair determination of the defendant's guilt or innocence." Carter v. State, 799 So.2d 40, 44 (Miss.2001) (citing Stevens v. State, 717 So.2d 311, 312 (Miss.1998)). The trial court must consider a number of criteria when ruling on a motion to sever:

These criteria are whether or not the testimony of one codefendant tends to exculpate that defendant at the expense of the other defendant and whether the balance of the evidence introduced at trial tends to go more to the guilt of one defendant rather than the other. Absent a showing of prejudice, there are no grounds to hold that the trial court abused its discretion.

*159 Hawkins v. State, 538 So.2d 1204, 1207 (Miss.1989) (citing Duckworth v. State, 477 So.2d 935, 937 (Miss.1985)).

¶ 13. The defendants frame their assignment of error in two parts, both of which are addressed as follows.

I. Denial of the defendants' motion to sever

¶ 14. Both defendants assert the trial court erred in denying their motion to sever. Both defendants also repeatedly argue the trial court was informed that an integral part of their individual defenses would be the casting of blame and culpability for the crash toward the other. Therefore, they say, the trial court improperly refused to sever the trial.

¶ 15. There are two Duckworth

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Cite This Page — Counsel Stack

Bluebook (online)
942 So. 2d 156, 2006 WL 3231456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-state-miss-2006.