Scott v. State

947 So. 2d 341, 2006 WL 2533457
CourtCourt of Appeals of Mississippi
DecidedSeptember 5, 2006
Docket2005-KA-00745-COA
StatusPublished
Cited by1 cases

This text of 947 So. 2d 341 (Scott 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
Scott v. State, 947 So. 2d 341, 2006 WL 2533457 (Mich. Ct. App. 2006).

Opinion

947 So.2d 341 (2006)

John Thomas SCOTT, Appellant
v.
STATE of Mississippi, Appellee.

No. 2005-KA-00745-COA.

Court of Appeals of Mississippi.

September 5, 2006.
Rehearing Denied January 16, 2007.

*342 James P. Johnstone, attorney for appellant.

Office of the Attorney General by W. Glenn Watts, attorney for appellee.

Before LEE, P.J., SOUTHWICK and ISHEE, JJ.

SOUTHWICK, J., for the Court.

¶ 1. A Pontotoc County Circuit Court jury found John Thomas Scott guilty of two murders and of possession of a firearm by a felon. A judgment of conviction was entered. On appeal, he argues various defects regarding his confession, and also that the admission of the murder weapon into evidence violated his constitutional rights. We find no error and affirm.

FACTS

¶ 2. Dudley Coleman and Jennifer Lenard were shot and killed in a wooded area along Highway 9 in Pontotoc County on September 27, 2003. Testimony at trial revealed that the decedent Coleman and defendant John Thomas Scott were involved in the sale of methamphetamine. Scott owed Coleman about $4,500 as a result of these dealings. The night before the murders, Scott believed Coleman attempted to burglarize his home in order to collect the debt.

¶ 3. On the day of the murders, Coleman and Scott agreed to meet and discuss the debt. They met along Highway 9 between Pontotoc and Bruce. Scott parked his vehicle and got into Coleman's vehicle. Jennifer Lenard was Coleman's passenger. After a short drive, Coleman's vehicle came to a stop on a county road. An argument ensued, and Scott shot Coleman from the back seat of the vehicle. Scott shot Lenard when she began to exit the car, though the shot was not fatal. Before fleeing on foot, Scott delivered a second and fatal shot to the back of Lenard's head. Scott then ran into the nearby woods, threw the murder weapon into a pond, and was arrested a few hours later by the Pontotoc County Sheriff's Office. Almost from the moment of his capture, Scott admitted these events to the sheriff and to others and attempted to justify the shootings.

¶ 4. In November 2003, Scott was indicted on two counts of murder and one count of possession of a firearm by a convicted felon. In July 2004, a Pontotoc County Circuit Court jury found him guilty on all counts and the court sentenced Scott to two life sentences and three years as an habitual offender. Scott had previously served time in prison for burglary and larceny. Scott had served some of this earlier prison time with his victim Coleman.

¶ 5. At trial, Scott's testimony was that he shot Coleman in self-defense. Coleman allegedly was reaching for a gun in the vehicle's console. Scott said that he shot Lenard as a reaction to the melee when she attempted to exit the vehicle. He shot her again as he was running into the woods, but he alleged that he had simply *343 shot in her direction but not at her. Scott's explanation of the two shootings was refuted by Dr. Steven Hayne, the forensic pathologist who performed the autopsies. He determined that the path of Coleman's bullet wound was not consistent with his turning to grab a gun. Dr. Hayne also believed that the fatal shot to Lenard was to the back of her head and at close range, not from a distance as Scott was running away.

Issue 1: Scott's request for counsel at time of arrest

¶ 6. Scott argues that he requested counsel prior to being questioned and the request was ignored. Though the versions of the circumstances surrounding the request differ, there is general agreement that at least a mention of counsel occurred either immediately before Scott was placed into custody or while he was being handcuffed. There are three basic versions of Scott's mention of counsel. Each shows that the request was made on the day of the murders, in the immediate hours following the shooting, and at the time that Scott was being taken into custody.

¶ 7. Pontotoc County Sheriff Leo Mask went to investigate the shooting. He received a call that Scott was hiding in the woods nearby. The sheriff said that after looking in the woods he came across a person. He shone a flashlight, saw Scott, and told him to "get down on the ground." Scott complied, then Sheriff Mask asked him "what he was doing" and to identify himself. Scott gave his name and responded: "you know what I'm doing." Sheriff Mask testified that before he read Scott a description of his rights, Scott remarked: "I probably need to talk to a lawyer."

¶ 8. Deputy Mike McGowan was also present in the woods. McGowan said he was patting down Scott to check for weapons when Scott said, "I probably need to talk to a lawyer."

¶ 9. Scott testified that "Sheriff Mask asked me why I did it. I told him. It ain't what you think. And then he asked me where the gun was, and I told him I wanted a lawyer, and then he asked me why I did it."

¶ 10. After his arrest, Scott was taken to jail where he was booked by Deputy William VanGorder. Deputy VanGorder asked questions relating to the booking process such as Scott's name and address, but he did not interrogate Scott about the crime. At that time, Scott volunteered information about the crime. Scott did not, during the interaction with Deputy VanGorder, request an attorney.

¶ 11. After being booked, Scott was again advised of his rights by Deputy Junior Rossell. Afterward, Scott signed a waiver of his rights and began to volunteer the details of the crime which included Scott's admission that he had shot both victims. At no time during Deputy Rossell's involvement did Scott request an attorney.

¶ 12. After the hearing on Scott's motion to suppress, the trial court ruled that Scott never "specifically invoke[d] his right to have an attorney present during questioning."

¶ 13. All of the versions of the request are clear that the request was made during the time of or immediately before arrest. There is nothing in the record to indicate that Scott made the request for counsel during an interrogation. A request for counsel is not "triggered" unless made during an "interrogation." CHARLES H. WHITEBREAD & CHRISTOPHER SLOBOGIN, CRIMINAL PROCEDURE § 16.03 (3d ed.1993). The authors rely for this conclusion on Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981). In *344 Edwards, the Supreme Court held that once an accused has requested counsel during the interrogation process, that the accused may not be questioned further until the attorney is present, unless the accused voluntarily begins to talk again. Id. at 484-85, 101 S.Ct. 1880.

¶ 14. The somewhat varied accounts in our case agree that the only reference to an attorney was the statement of "probable" need while the sheriff was engaged in his first encounter in the woods with Scott. The language is surprisingly like that used by a United States Navy sailor when he was being questioned about a murder. He said, "Maybe I should talk to a lawyer." Davis v. United States, 512 U.S. 452, 454, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994). The agent questioning him then asked whether he wanted to stop and talk to a lawyer, and the answer was that he did not. Id. The Supreme Court declared that the Edwards

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947 So. 2d 341, 2006 WL 2533457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-state-missctapp-2006.