Walker v. State

815 So. 2d 1209, 2002 WL 938141
CourtMississippi Supreme Court
DecidedMay 9, 2002
Docket97-DP-00763-SCT
StatusPublished
Cited by126 cases

This text of 815 So. 2d 1209 (Walker 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
Walker v. State, 815 So. 2d 1209, 2002 WL 938141 (Mich. 2002).

Opinion

815 So.2d 1209 (2002)

Linnox Marcus WALKER
v.
STATE of Mississippi.

No. 97-DP-00763-SCT.

Supreme Court of Mississippi.

May 9, 2002.

*1210 David L. Walker, Southaven, attorney for appellant.

Office of the Attorney General by Marvin L. White, attorneys for appellee.

EN BANC.

GRAVES, J., for the Court.

¶ 1. Linnox Marcus Walker ("Walker") was convicted in Marshall County Circuit Court of capital murder and sentenced to death. Walker appealed his conviction alleging, inter alia, that the circuit court erred in denying his challenges to the exercise of peremptory strikes of prospective jurors by the State. This Court affirmed the conviction, but remanded the case to the trial court for the purpose of conducting a hearing as mandated in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and for a new sentencing hearing.

¶ 2. The trial court conducted a Batson hearing and at the conclusion determined that the exercise of peremptory strikes did not demonstrate that the prosecution had engaged in purposeful discrimination as prohibited by Batson.

PROCEDURAL HISTORY

¶ 3. Linnox Marcus Walker was indicted by the Grand Jury on July 30, 1996, for the murder of Bobby Dean Henderson, while engaged in the commission of the crime of robbery. During the peremptory challenge phase of the trial, Walker made a Batson motion raising the issue of racial discrimination in the State's exercise of peremptory strikes. This motion was raised after six of the first seven peremptory challenges exercised by the State were against African-Americans. Walker renewed his motion after the peremptory phase was concluded noting that the State had used seven out of nine peremptory strikes on African-Americans. The trial judge overruled this motion without requiring *1211 the State to offer race-neutral reasons for the strikes. Ultimately, Walker was found guilty of capital murder and sentenced to death May 23, 1997.

¶ 4. Walker timely filed an appeal. On May 27, 1999, this Court rendered its decision in Walker v. State, 740 So.2d 873 (Miss.1999). We determined that an inference of racial discrimination was presented by Walker and that the trial court erred in failing to conduct a Batson hearing pursuant to Thorson v. State, 653 So.2d 876 (Miss.1994). Accordingly, the case was remanded to the trial court for a Batson hearing and for a new sentencing hearing.

FACTS

¶ 5. On March 8, 2000, a Batson hearing was conducted at the trial court. District Attorney James M. Hood, III, and Assistant District Attorney Ralph H. Doxey, representing the State, offered the following race-neutral reasons for the strikes:

Juror No. 2—Marvin Glen Johnson
BY MR. HOOD: ... Marvin Glen Johnson. Mr. Johnson, black male, and the reason that we struck him for cause were—I—if the court will allow me to do so. I will state the reasons that I wrote down ... So my reason for striking juror number 2, Marvin Glen Johnson when the Court asked the venire to look at the victims family and see if they could identify any of those members if they knew any of them that this man was sitting on number 12. He was on the front row. I happened to notice that he wouldn't even look at the victim's family. He states that he would hold us to a hire [sic] standard of proof since it was a death penalty and it was neutral on the death penalty. The transcript page 143 and 144 we challenged for cause and we stated our reasons that we would stand on those reasons stated on that page in the transcript. We again challenged juror number 2 which is in the transcript page 153 and I would like for Mr. Doxey to state the reasons what his notes reflect.
BY MR. DOXEY: Your Honor, my same three reasons that Jim has just stated. That he would hold us to a hire [sic] standard. He actually said he would hold us to more than a reasonable doubt on guilt phase and that is part of the reason we struck that juror.
Juror No. 4—Joseph Lee Dunlap
BY MR. HOOD: On our second strike we struck juror number 4. His name is Joseph Lee Dunlap junior [sic]. Mr. Dunlap was a black male. We attempted to strike him for cause and on transcript at page 144 and 145. Also he gave statements in the transcripts page 133 and page 131. Now our reason for attempting to strike for cause, I believe it was in response to defense counsels [sic] question that he wouldn't want to be held up in a tight room with a lot of people meaning back there in the jury room. And he also objected to us making a deal as I believe as he called it with the co-defendant in exchange for his testimony. And I believe he also stated something to the effect that it would require DNA and that type of evidence was needed and therefore would have held us to a higher standard of proof beyond a reasonable doubt. And also, had that at 11:36 he was asleep. I would ask Mr. Doxey to state the reasons or [sic] on juror number 4.
BY MR. DOXEY: Your Honor, my notes reflect that Mr. Dunlap said that he was death penalty neutral. That he was repeatedly yawning. He was sitting on the front row and repeatedly yawning and not listening to his honor. But this may be the same time but he was asleep during voir dire. Juror number 43 Bumpas at 1:35 he started a long staring *1212 at the floor and not paying attention again as 2:07 he was staring at the floor and not listening to questions. He felt both defendants should be tried together. He has two children and not married to the mother and he is not a full-time employee. His employee is temporary.
Juror No. 6—James Thomas Hurley
BY MR. HOOD: Mr. Hurley is a white male and we attempted to strike him for cause at transcript page 145 because he would require us to prove a higher standard of proof. That is all the notes I had on him. He was a white male. That was juror number 6.
BY MR. DOXEY: Just one other reason Your Honor, he had some problem with the judicial system. He had a small daughter that was a victim of a rape and so that was an additional reason.
Juror No. 7—Earline Johnson Wilkins
BY MR. HOOD: Our next challenge being States [sic] 4th challenge was on juror number 7. Earline Johnson Wilkins. Mrs. Wilkins is a black female. I have in my notes at 11:25 she went to sleep. That she was a nurse. Which prosecutors interpret in my experience with a nurse I put on in a death penalty case she hung the jury up on death phase and that was a case in Lafayette County. Being that she is a care giver and her duty is to saves [sic] peoples [sic] lives. It's the States opinion that she would tend more to give the defendant a second chance and she also questioned the entire judicial system. And I ask Mr. Doxey for comments on juror number 7.
BY MR. DOXEY: That is what my notes reflect, Your Honor, on that one.
Juror No. 16—Joseph Ambrose
Juror No. 21—Stanley Ambrose
BY MR. HOOD: ... The next juror that we exercised a challenge on was juror number 16 Joseph Ambrose. That was our fifth strike. He is a black male. I believe the transcript I notice at page 140 that he was related to juror number 21 who is also Ambrose and the name Stanley Ambrose. We struck juror number 16 because he was kin to this Stanley Ambrose juror number 21.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Willie Cory Godbolt v. State of Mississippi
Mississippi Supreme Court, 2024
Tony Terrell Clark v. State of Mississippi
Mississippi Supreme Court, 2022
Abdur Rahim Ambrose v. State of Mississippi
254 So. 3d 77 (Mississippi Supreme Court, 2018)
Curtis Giovanni Flowers v. State of Mississippi
240 So. 3d 1082 (Mississippi Supreme Court, 2017)
Gerry Love v. State of Mississippi
229 So. 3d 717 (Court of Appeals of Mississippi, 2017)
Timothy Nelson Evans v. State of Mississippi
226 So. 3d 1 (Mississippi Supreme Court, 2017)
Bobby Lee Allen v. State of Mississippi
235 So. 3d 168 (Court of Appeals of Mississippi, 2017)
Hutto v. State
227 So. 3d 963 (Mississippi Supreme Court, 2017)
George Lomax v. State of Mississippi
220 So. 3d 211 (Court of Appeals of Mississippi, 2017)
Thomas Pustay v. State of Mississippi
221 So. 3d 320 (Court of Appeals of Mississippi, 2016)
Jamie Cartell Payne v. State of Mississippi
207 So. 3d 1282 (Court of Appeals of Mississippi, 2016)
Cox v. State
183 So. 3d 36 (Mississippi Supreme Court, 2016)
David Cox v. State of Mississippi
Mississippi Supreme Court, 2015

Cite This Page — Counsel Stack

Bluebook (online)
815 So. 2d 1209, 2002 WL 938141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-state-miss-2002.