Wilson v. Strickland

953 So. 2d 306, 2007 WL 969578
CourtCourt of Appeals of Mississippi
DecidedApril 3, 2007
Docket2005-CA-02235-COA
StatusPublished
Cited by3 cases

This text of 953 So. 2d 306 (Wilson v. Strickland) 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. Strickland, 953 So. 2d 306, 2007 WL 969578 (Mich. Ct. App. 2007).

Opinion

953 So.2d 306 (2007)

Charlie J. WILSON, Appellant
v.
Shane STRICKLAND, Appellee.

No. 2005-CA-02235-COA.

Court of Appeals of Mississippi.

April 3, 2007.

*308 Robert W. Atkinson, Gulfport, attorney for appellant.

James Kenneth Wetzel, Gulfport, attorney for appellee.

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

BARNES, J., for the Court.

¶ 1. Charlie J. Wilson appeals the ruling of the Circuit Court of Harrison County reversing a Harrison County Court jury verdict in favor of defendant Charlie Wilson and remanding the matter for a new trial. Wilson was sued by Shane Strickland in county court for damages for injuries allegedly sustained in an automobile accident. Strickland appealed the jury's verdict to the circuit court, claiming, inter alia, that the county court erred in denying a peremptory challenge by Strickland during jury selection. The circuit court accepted Strickland's argument regarding the jury selection, but found his other issues to be without merit. Wilson now appeals to this Court. We find the circuit court was in error and reinstate the county court's judgment for Wilson.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

¶ 2. On the evening of October 10, 2001, Shane Strickland and Charlie Wilson were involved in an automobile accident at the intersection of Highway 49 and St. Charles Street in Gulfport, Mississippi. Strickland was a back-seat passenger in an automobile driven by his friend, Peter Blake. Another friend, Shannon Farve, was also in the car. The young men, all of whom are white, were on their way to eat in celebration of Strickland's birthday. Charlie Wilson, who is black, was driving a van belonging to Grace Temple Baptist Church. He had been taking children home from the church's youth activities that evening. Wilson was making a left turn from a signaled left-turn lane when Blake's vehicle "t-boned" the church van. At the time of the accident, there were no passengers in the church van. No one involved in the accident claimed to be injured that evening.

¶ 3. Strickland sued Wilson on August 21, 2002, in Harrison County Court for injuries he claims were sustained in the automobile accident and other damages.[1]*309 The issue in dispute was which vehicle had the right-of-way. Blake claimed that he had a green light, while Wilson claimed he had a green left-turn arrow. On December 8, 2003, trial commenced with the Honorable Gaston H. Hewes, Jr. presiding. The instant issue arose during jury selection. In creating the six-juror panel, from a venire which included a total of only three black individuals, Strickland properly excused, for cause, two black jurors, and then unsuccessfully attempted to strike Zella Harris, the last remaining black venire member, using his first peremptory challenge. The following colloquy ensued between James Wetzel, counsel for Strickland; Robert Atkinson, counsel for Wilson; and the trial judge:

Mr. Wetzel: We would strike Ms. Harris.
. . . .
Mr. Atkinson: Judge, before we go on, can I ask a question about Ms. Harris?
The Court: Oh, that's a good point. Okay.
Mr. Atkinson: She never said a word in response to anything and so I would have to question, with all due respect, why she's being kicked off.
Mr. Wetzel: Okay. Do you need a—
The Court:—Yeah, I do. I need a racially neutral reason.
Mr. Wetzel: One, she's of Baptist faith and secondly, she works for the Harrison County DHS in the Child Support Office and I believe that because of her background and the fact that she is a Baptist, I have a real problem with that because of the Baptist Church being involved.
The Court: Well, they're not a party.
Mr. Wetzel: They're not a party but I believe that because of the Baptist Church and that's going to come in with all the witnesses Bobby is going to bring in, . . . I believe that that's going to be a problem.
Mr. Atkinson: Judge, the mere fact that she is Baptist in and of itself is all he's going on; that there was no answers to any questions by that lady.
Mr. Wetzel: Because I knew going in—
The Court: Look, look. You didn't kick Hester off, he's Baptist.
Mr. Wetzel: Mr. Hester, the reason I didn't, because he is a, he's a millwright and he's a working man, he's a blue collar man and I felt like because of his background as a millwright, I felt that he would be, he would be a good juror.
The Court: I'm not going to strike her. She's the only black remaining. I, for cause, struck Necole Brown, who is black. I struck Dorothy Coleman for you, she's black.
Mr. Wetzel: But that was based on the causes. That was not peremptory challenges, Judge.
The Court: I understand the difference.
Mr. Wetzel: It would be different if I struck three, if I struck three blacks in a row on a peremptory challenge, then you could say that-you have to first determine—
The Court: I've ruled. You can make your record.
Mr. Wetzel: Okay, let me, I'm just making my record. I think that the Edmondson[Edmonson] case as followed by the Mississippi Supreme Court says there has to be a showing that there is, by the use of the challenges, you have to first show that there is some type of, there is some type of use of those challenges that *310 would indicate a racial purpose for those challenges. And I have, I've only exercised one challenge and that was on her.
The Court: Yeah.
Mr. Wetzel: That was the first challenge that I used. The other ones were for cause and you granted those.
The Court: Well, the defendant is black. Every other black, for good cause, has been stricken. And I don't find that the fact that Harris is a Baptist is a racially neutral reason. So I think you made your record.

¶ 4. After the jury was empaneled, which consisted of five white jurors and Harris, Strickland called six witnesses to the stand, including: the police officer at the accident, an independent witness to the accident who is a part-time Baptist preacher, Peter Blake, Shane Strickland, Dr. Harry Danielson, and finally the defendant Wilson as an adverse witness. Wilson did not call any witnesses, but rested after Strickland's case-in-chief. In a five-to-one decision, the jury found for defendant Wilson.

¶ 5. Strickland consequently filed a motion for judgment notwithstanding the verdict ("JNOV") or alternatively a new trial. Strickland claims he received an unfair trial for several reasons, including the county court's denying his peremptory strike of Harris during jury selection. The court denied Strickland's JNOV motion, and Strickland appealed to the Harrison County Circuit Court, arguing four points of error by the county court. The circuit court, serving as an appellate court, reversed the judgment of the county court in favor of Strickland and remanded the matter for a new trial, basing its decision solely on the peremptory challenge. That court found Strickland's race-neutral reasons for the strike credible. Wilson timely appealed to this Court.

ANALYSIS

¶ 6. The United States Supreme Court, in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
953 So. 2d 306, 2007 WL 969578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-strickland-missctapp-2007.