Willis v. State


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Docket Number: 2007-KA-01405-COA
Linked Case(s): 2007-KA-01405-COA

Court of Appeals: Opinion Link
Opinion Date: 07-22-2008
Opinion Author: MYERS, P.J.
Holding: Affirmed

Additional Case Information: Topic: Robbery - Peremptory challenges - Use of defendant’s nickname
Judge(s) Concurring: LEE, P.J., CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ.
Concur in Part, Concur in Result 1: Roberts, J.
Concurs in Result Only: King, C.J., and Irving, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 07-25-2006
Appealed from: Forrest County Circuit Court
Judge: Robert Helfrich
Disposition: CONVICTED OF ROBBERY AND SENTENCED AS A HABITUAL OFFENDER TO FIFTEEN YEARS IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT THE BENEFIT OR POSSIBILITY OF PAROLE OR EARLY RELEASE, SAID SENTENCE TO RUN CONSECUTIVE TO ANY OTHER SENTENCE IMPOSED BY ANY OTHER JURISDICTION.
District Attorney: Jon Mark Weathers
Case Number: 05-720-CR

  Party Name: Attorney Name:  
Appellant: RAYMOND MAURICE WILLIS, JR.




W. DANIEL HINCHCLIFF



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY  

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Topic: Robbery - Peremptory challenges - Use of defendant’s nickname

Summary of the Facts: Raymond Willis, Jr., was convicted of robbery and sentenced as a habitual offender to fifteen years. He appeals.

Summary of Opinion Analysis: Issue 1: Peremptory challenges Willis argues that the trial court erred in failing to find that a prima facie case of racial discrimination was made based on the State’s exercising four of the five peremptory challenges against African American jurors. The record is devoid of any indication of the final racial composition of the jury as selected or tendered. The mere fact that four of the five stricken jurors were African Americans does not, in and of itself, create a prima facie case. Issue 2: Use of defendant’s nickname Willis argues that the prosecutor’s questioning of a witness regarding the defendant’s “street name” was an attempt to associate Willis with a street gang. The prosecutor’s questioning did not involve elicitation of gang affiliation. Thus, Willis’s substantive rights were not violated.


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