Wilson v. State

893 So. 2d 1064, 2004 WL 1662292
CourtCourt of Appeals of Mississippi
DecidedJuly 27, 2004
Docket2003-KA-00814-COA
StatusPublished
Cited by2 cases

This text of 893 So. 2d 1064 (Wilson 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
Wilson v. State, 893 So. 2d 1064, 2004 WL 1662292 (Mich. Ct. App. 2004).

Opinion

893 So.2d 1064 (2004)

Charles Edward WILSON, Appellant
v.
STATE of Mississippi, Appellee.

No. 2003-KA-00814-COA.

Court of Appeals of Mississippi.

July 27, 2004.
Rehearing Denied October 26, 2004.
Certiorari Denied February 17, 2005.

*1066 James A. Williams, Brookhaven, attorney for appellant.

Office of the Attorney General by Deirdre McCrory, attorney for appellee.

Before KING, C.J., LEE and GRIFFIS, JJ.

LEE, J., for the Court.

PROCEDURAL HISTORY

¶ 1. On February 5, 2003, a jury in the Circuit Court of Lauderdale County found Charles Edward Wilson guilty of sale of cocaine. Wilson was sentenced to serve twenty-five years in custody of the Mississippi Department of Corrections. Aggrieved, Wilson now appeals to this Court asserting the following issues: (1) the trial court erred in accepting the State's racially-neutral reasons after his Batson challenges; (2) he was denied a fair trial when the State outlined its burden of proof during voir dire; (3) the trial court erred in allowing hearsay testimony into evidence; (4) he was denied effective assistance of counsel; and (5) the evidence was insufficient to support his conviction.

FACTS

¶ 2. On August 3, 2001, Agent John Peterson of the Mississippi Drug Task Force was working in an undercover capacity in Lauderdale County. Peterson, along with a confidential informant, drove to Wilson's residence and knocked on the door. Wilson answered, spoke with the informant, and went towards the direction of a known drug house. The informant waited in the car with Peterson. Shortly thereafter Wilson approached the car on the driver's side where Peterson was sitting and showed the men in the car a large rock-like substance. Wilson quoted the price of this rock as a "bill." Peterson then gave Wilson five $20 bills before taking the rock-like substance.

¶ 3. Peterson later turned the substance over to Greg Lea, another Drug Task Force agent. The substance was later determined to be a .94 gram rock of cocaine. The transaction was audio and video taped.

*1067 DISCUSSION OF ISSUES

I. DID THE TRIAL COURT ERR IN ACCEPTING THE STATE'S RACIALLY-NEUTRAL REASONS AFTER HIS BATSON CHALLENGES?

¶ 4. In his first issue, Wilson argues that the trial court erred in accepting the State's racially-neutral reasons for striking prospective black jurors. Our standard of review requires a reversal only if the factual findings of the trial judge are "clearly erroneous or against the overwhelming weight of the evidence." Tanner v. State, 764 So.2d 385(¶ 14) (Miss.2000). Any determination made by a trial judge under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), is accorded great deference because it is "based, in a large part, on credibility." Coleman v. State, 697 So.2d 777, 785 (Miss.1997). The term "great deference" has been defined in the Batson context as meaning an insulation from appellate reversal of any trial findings which are not clearly erroneous. Lockett v. State, 517 So.2d 1346, 1349 (Miss.1987).

¶ 5. The Batson decision provides procedural directives for the trial court to follow in detecting and disallowing the practice of using peremptory challenges to remove members of an identified racial group from jury service based upon nothing more than their racial identification. To successfully assert a Batson claim, the following procedure must occur:

First, the defendant must make a prima facie showing that the prosecutor has exercised peremptory challenges on the basis of race. Second, if the requisite showing has been made, the burden shifts to the prosecutor to articulate a race-neutral explanation for striking the jurors in question. Finally, the trial court must determine whether the defendant has carried his burden of proving purposeful discrimination.

Berry v. State, 728 So.2d 568(¶ 11) (Miss.1999) (citing Hernandez v. New York, 500 U.S. 352, 358-59, 111 S.Ct. 1859, 114 L.Ed.2d 395 (1991)). "When the prosecution gives race-neutral reasons for its peremptory strikes, the sufficiency of the defendant's prima facie case becomes moot." Manning v. State, 735 So.2d 323(¶ 28) (Miss.1999). Furthermore, if the defendant offers no rebuttal, the trial court may base its decision solely on those reasons given by the prosecution. Id. at (¶ 29).

¶ 6. As is the proper procedure, Wilson objected to the State's exercising its peremptory challenges against black jurors. The judge noted that all of the State's strikes were against black jurors and ruled that Wilson had made a prima facie case. The State then proceeded with its racially-neutral reasons for doing so as required by Batson.

¶ 7. The State's first peremptory challenge was exercised against juror number one, Willie Moss, a black female. Ms. Moss's son was convicted the previous year in Arizona for a drug violation. Wilson's only rebuttal was that Ms. Moss never stated that her son was treated unfairly. After checking his notes, the trial court noted that Ms. Moss did state that her son may have been unfairly prosecuted and accepted this as a race-neutral reason. We cannot find that the trial court erred in allowing the State's peremptory challenge against Ms. Moss.

¶ 8. The State's next peremptory challenge was exercised on juror number twelve, Felicia Brown, a black female. Ms. Brown had a family member or close friend convicted of selling drugs in 1996, but she did not know the details. Ms. Brown also had a family member or close friend convicted of a misdemeanor DUI and marijuana possession in 1999. However, *1068 Ms. Brown stated that she felt that person was not treated unfairly by the prosecutor's office or by law enforcement. On rebuttal, Wilson's attorney stated that Ms. Brown did not know the details nor did she say either person was mistreated, and that she was the second cousin of the chief of police. The trial court accepted the State's reasons as racially-neutral and nonpretextual. Again, we cannot find error in the trial court's decision to accept the State's peremptory challenge against Ms. Brown.

¶ 9. Juror number fourteen, Peter Malone, a black male, was the State's next peremptory challenge. Mr. Malone had a family member or close friend convicted of the sale of cocaine during July of the previous year. Mr. Malone stated that he did not know the details of the case. On rebuttal, Wilson's attorney stated that the conviction was last year, that Mr. Malone did not know the details, and that it would not have any influence on him. The trial court accepted the State's reason as racially-neutral and nonpretextual. We cannot find that the trial court erred in accepting the State's peremptory challenge against Mr. Malone.

¶ 10. The State's next peremptory challenge was exercised against juror number eighteen, Carolyn Mitchell, a black female. Ms. Mitchell attends the same church as Wilson's mother, but stated that she would not feel uncomfortable sitting on a jury in a case against Wilson. Wilson responded that Ms. Mitchell said it would not cause her any problems. The trial court found the State's reason to be racially-neutral. As the supreme court has held, knowing the defendant's mother is a valid race-neutral reason for striking a juror; we cannot find that the judge erred in accepting the prosecution's peremptory challenge. See Jasper v. State,

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Bluebook (online)
893 So. 2d 1064, 2004 WL 1662292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-state-missctapp-2004.