Stewart v. State
| Docket Number: | 2006-KA-01528-COA Linked Case(s): 2006-KA-01528-COA2006-CT-01528-SCT |
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| Oral Argument: | 01-16-2008 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-01-2008 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Change of venue - Section 99-15-35 - Prosecutorial misconduct Judge(s) Concurring: LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ROBERTS AND CARLTON, JJ. Concurs in Result Only: KING, C.J., AND IRVING, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-05-2006 Appealed from: Alcorn County Circuit Court Judge: Sharion R. Aycock Disposition: CONVICTION OF MURDER AND SENTENCE TO LIFE IN PRISON IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: John Richard Young Case Number: CR04-262 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RODARIUS BONARD STEWART A/K/A ROBARIUS STEWART |
JOHN R. WHITE,
IMHOTEP ALKEBU-LAN |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD CHARLES W. MARIS | ||
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| Topic: | Murder - Change of venue - Section 99-15-35 - Prosecutorial misconduct |
| Summary of the Facts: | Rodarius Stewart was convicted of murder and sentenced to life in prison. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Change of venue Stewart argues that the circuit court improperly denied his second motion for a change of venue. A proper application for change of venue is made by making a motion supported by the affidavits of two or more witnesses in conformance with the requirements of section 99-15-35. Stewart never properly applied for a change of venue. The record shows that Stewart only submitted one affidavit in the proper form, even after being granted additional time to do so. Stewart argues that the fact that several jurors knew the victim or members of his family, along with the fact that one juror in particular may have stated that his knowledge of the victim’s family might influence his judgment, necessitated a change of venue after the completion of voir dire. However, Stewart had ample opportunity to question members of the venire panel and to use both his peremptory challenges and challenges for cause. Stewart also made no attempt to request additional challenges from the circuit court. Issue 2: Prosecutorial misconduct Stewart argues that the prosecutor made improper comments during his examination of Stewart by suggesting that the prosecutor, if faced with a similar circumstance as Stewart faced shortly after the commission of his crime, would have sought the help of the police. However, Stewart cites no authority to support this proposition. Furthermore, the issue is lacking in merit. After the objection by defense counsel, the trial judge struck the prosecutor’s comments from the record and instructed the jury to disregard them. Stewart also argues that the prosecutor sent an impermissible racial message to the jury in his closing argument. However, the prosecutor’s statements make clear that, far from attempting to prejudice the jury against Stewart based on his race, he was actually attempting to focus the jury’s attention on the fact that their duty was to examine the facts, regardless of the race of the accused and the victim. |
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