Fisher v. State
| Docket Number: | 2005-KA-01886-COA Linked Case(s): 2005-KA-01886-COA ; 2005-CT-01886-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-09-2007 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Peremptory strikes Judge(s) Concurring: MYERS, P.J., CHANDLER, ISHEE AND CARLTON, JJ. Dissenting Author : IRVING, J. Dissent Joined By : KING, C.J., GRIFFIS, BARNES AND ROBERTS, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-18-2005 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO EIGHTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Forrest Allgood Case Number: 2004-0618-CR1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | CHARLES ISAAC FISHER, JR. |
CARRIE A. JOURDAN |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY | ||
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: | Aggravated assault - Peremptory strikes |
| Summary of the Facts: | Charles Fisher was convicted of aggravated assault and sentenced to eighteen years. He appeals. |
| Summary of Opinion Analysis: | Fisher argues that the court denied him a fair trial by upholding certain peremptory strikes of two potential jurors by the State when these particular strikes were used in a racially discriminatory manner. During jury selection, Fisher, a black male, raised a Batson objection. The State had used four of its peremptory strikes on black females, leaving the jury panel void of any minorities other than one of the alternates. The record is unclear as to the exact size and racial makeup of the jury pool. The trial judge did make a comment during a motion hearing about the jury panel being majority white. Age and employment were the reasons for striking the two jurors. Age and employment are two reasons which have been deemed race-neutral. From the record it is unclear as to the exact age of these jurors. Fisher stated that there were other members of the panel the same age as Fisher; however, Fisher has not included the age of these other jurors in the record on appeal. Since age is a valid race-neutral reason and Fisher has not offered sufficient rebuttal, the court did not err in finding no Batson violation. Fisher also argues that the State should have individually voir dired these two jurors about possible prior dealings with the victim. Fisher has failed to demonstrate that the information source and the practice itself are racially discriminatory. |
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