Avery v. State
| Docket Number: | 2010-CT-02058-SCT Linked Case(s): 2010-KA-02058-COA ; 2010-KA-02058-COA ; 2010-CT-02058-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 08-08-2013 Opinion Author: Waller, C.J. Holding: Court of Appeals and Circuit Court Affirmed |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-19-2012 Opinion Author: Irving, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine & Felony fleeing - Sequestration of witnesses - M.R.E. 615 - Prejudice - Harmless error Judge(s) Concurring: Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. Dissenting Author : King, J. Dissent Joined By : Kitchens and Chandler, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 10-13-2010 Appealed from: Lauderdale County Circuit Court Judge: Lester F. Williamson Disposition: CONVICTED OF COUNT I, SALE OF COCAINE, AND SENTENCED TO SIXTY YEARS; COUNT II, FELONY FLEEING, AND SENTENCED TO FIVE YEARS; WITH THE SENTENCES TO RUN CONCURRENTLY BUT CONSECUTIVELY TO THE SENTENCES IN LAUDERDALE COUNTY CAUSE NUMBERS 645-02 AND 691-06; ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITHOUT ELIGIBILITY FOR PAROLE OR PROBATION District Attorney: Bilbo Mitchell Case Number: 439-10 |
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| Party Name: | Attorney Name: | |||
| Appellant: | William Antonio Avery a/k/a William A. Avery a/k/a William Ken Avery a/k/a William A. "Ken" Avery a/k/a Ken |
IMHOTEP ALKEBU-LAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Sale of cocaine & Felony fleeing - Sequestration of witnesses - M.R.E. 615 - Prejudice - Harmless error |
| Summary of the Facts: | William Avery was convicted of selling cocaine and felony fleeing. The Court of Appeals affirmed his conviction and sentence. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Avery argues that the trial court committed reversible error by refusing to sequester the witnesses upon his request at his post-trial hearing. Pursuant to M.R.E. 615, the court shall order witnesses excluded at the request of a party. While the Court of Appeals correctly held that the trial court erred in refusing to sequester the witnesses upon Avery’s request, the Court of Appeals concluded that the trial court had not abused its discretion in refusing to invoke Rule 615 because Avery had failed to show that he was prejudiced by that refusal. The Court of Appeals was incorrect in applying the abuse-of-discretion standard to the trial court’s refusal to invoke Rule 615, because Rule 615 is mandatory. The State argues that this error was harmless and had no effect on the jury’s verdict or the outcome of the post-trial hearing. For an error to be harmless, it must be clear beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained. Here, the trial court’s error in failing to sequester the witnesses was harmless beyond a reasonable doubt, because Avery’s conviction was supported by overwhelming evidence at trial. And Avery’s failure to present any evidence of prejudice serves as persuasive evidence that the trial court’s error was harmless. |
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