Sherrell v. State

622 So. 2d 1233, 1993 WL 290414
CourtMississippi Supreme Court
DecidedAugust 5, 1993
Docket90-KA-564
StatusPublished
Cited by19 cases

This text of 622 So. 2d 1233 (Sherrell 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
Sherrell v. State, 622 So. 2d 1233, 1993 WL 290414 (Mich. 1993).

Opinion

622 So.2d 1233 (1993)

Thomas Franklin SHERRELL
v.
STATE of Mississippi.

No. 90-KA-564.

Supreme Court of Mississippi.

August 5, 1993.

*1234 David A. Stephenson, Meridian, for appellant.

Michael C. Moore, Atty. Gen. and Mary Margaret Bowers, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before HAWKINS, C.J., and PITTMAN and ROBERTS, JJ.

PITTMAN, Justice, for the Court:

I.

Thomas Franklin Sherrell was indicted, tried and convicted in the Circuit Court of Lauderdale County for capital murder and was sentenced to life imprisonment without parole as an habitual offender. Sherrell appeals to this Court and assigns six errors for discussion. The jury verdict is supported *1235 by substantial evidence and we find no reversible error and affirm.

II.

Bobbie Jean Boone's body was found late Wednesday night, August 17, 1988, at her mobile home located in the Zero community of Lauderdale County. She was lying on her back with arms and legs outstretched and tied to the bed. She was gagged with a knotted piece of sheet placed in her mouth. Her body had begun to decompose. Following an autopsy, the pathologist concluded she had been dead between 12 and 36 hours. Cranial trauma caused by a severe beating with a blunt instrument was given as the cause of death. An ax handle, stained with the victim's blood, was placed into evidence as the murder weapon. Bobbie was last seen at work on Monday, August 15th. That day she received a telephone call from a man. Following the conversation, she was visibly upset. The victim told fellow employee, Kellie McDonald, the caller was Tom Sherrell, a man she met while visiting her son at Parchman. Bobbie stated that she did not want to have anything to do with him and feared Sherrell was going to give her trouble.

The next day a man called Bobbie's boss and told him Bobbie was taking her mother to see a doctor and would not be in that day but would be at work Wednesday. On Wednesday, when Bobbie failed to report for work and they could not contact her by telephone, Kellie and her husband, Ollie McDonald, left work at 11:00 p.m. and drove to her home. They found the front door open and no lights on in the trailer. Fearing foul play, they called the sheriff. Deputy Sheriff Pinson arrived, entered the home and found the victim's body.

Bobbie and Sherrell were last seen together on Saturday or Sunday, August 13th or 14th. Sherrell was arrested on Thursday, August 18th, at the Bonita Lounge. He frequented the lounge operated by Betty Davis and was there drinking beer on Monday the 15th, Tuesday the 16th, and Wednesday the 17th. Betty Davis had purchased a ring from Sherrell for $100. The ring belonged to the victim. Davis refused to buy the victim's t.v. and stereo that had been brought by Sherrell to the bar.

Sherrell was questioned on four different occasions following his execution of Miranda waivers, however, he refused to give a signed or tape-recorded statement. During questioning, he confirmed that he had been living with Bobbie for two weeks preceding her death. He was not employed and passed the day while Bobbie was at work drinking beer at the Bonita Lounge. He claimed he slept in his car parked outside the victim's home the Saturday night before her death. He last saw her Sunday morning when she brought him a cup of coffee. Monday he got drunk, became disoriented and drove mistakenly to Alabama. He admitted attempting to pawn the victim's personal property which he claims were gifts from her. Sherrell elected not to testify in his own defense. However, the trial record reflects the following evidence:

Sherrell confessed killing his paramour to a fellow inmate; the victim's statement to a friend that she was having trouble with a man living with her and feared he would kill her; Sherrell's fingerprints were located on the headboard of the victim's bed just two feet above her head and also throughout the victim's home; after her death, Sherrell sold her ring and attempted to sell other items of her personal property; and the victim's house coat was found in Sherrell's car.

As State witnesses, the victim's mother denied Bobbie had taken her to the doctor on the Tuesday that she missed work. The victim's daughter identified the ring purchased by Betty Davis as her mother's ring.

III.

Did the trial court err in allowing Robin Reynolds to testify concerning a "jail-house" confession allegedly made to him by Thomas Sherrell?

Sherrell claims that testimony of his alleged jail-house confession should not *1236 have been allowed and that its introduction unduly prejudiced him. At trial, Robin Reynolds testified that Sherrell admitted killing Boone because she [Boone] refused to return money orders that Sherrell had asked her to safeguard.

We have warned against accepting the word of a "jail-house snitch" at face value. In McNeal v. State, 551 So.2d 151 (Miss. 1989), we stated:

The testimony of jail-house informants, or "snitches," is becoming an increasing problem in this state, as well as throughout the American criminal justice system. The present case is one of many across the nation where the truthfulness of the informant has been called into question. Informants are offering evidence against their fellow inmates in exchange for reduced sentences.

Id. at 158.

Although the trial judge allowed the testimony of Reynolds into evidence, he made certain that a cautionary instruction was given to the jury. The jury was informed of Reynolds's criminal background, and that he was presently serving a five year sentence without the possibility of parole. The jury was instructed to view his testimony with caution and suspicion in light of this criminal conviction. The judge also reminded the jurors that they should consider the rest of the physical evidence presented during the trial and not judge the case based on the alleged confession. No evidence was presented which showed that Reynolds would benefit in any way for testifying against Sherrell. In fact, Reynolds was moved to another cell for fear that Sherrell would hurt him in retaliation for his testifying. Since the properly instructed jury heard Reynolds's testimony and was in the best position to evaluate his credibility, this Court should defer to the jury's determination. See Kelly v. State, 553 So.2d 517, 522 (Miss. 1989).

Finally, Sherrell claims that this January 4, 1990, alleged confession could not have occurred because he was being housed in a different area than Reynolds at that time. Apparently Reynolds and Sherrell began sharing a cell sometime in late January. Marie Chapman, an assistant jail administrator, testified that according to her records and recollection, on January 4, 1990, Reynolds was housed in the north side of the jail, while Sherrell was in isolation in a fifth floor cell. However, Chapman did concede that jail records are often vague, and do not always tell where a prisoner is being housed on a given day. Chapman further noted that even if Reynolds and Sherrell were in different cells on that date, prisoners housed in the same cell block floor could easily talk to Sherrell through the bars of his cell.

The first issue is without merit.

IV.

Did the court err in permitting Buddy Brock to testify that Bobbie Boone was afraid of Thomas Sherrell, and that Buddy Brock should tell the police that Thomas Sherrell killed her if anything happened to Bobbie Boone?

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Bluebook (online)
622 So. 2d 1233, 1993 WL 290414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherrell-v-state-miss-1993.