Ramsey v. State
| Docket Number: | 2007-KA-01425-COA Linked Case(s): 2007-KA-01425-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-29-2008 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Grand larceny & Auto burglary - Peremptory challenges Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-01-2007 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: CONVICTED OF COUNT II, AUTO BURGLARY, AND SENTENCED TO SEVEN YEARS AS A HABITUAL OFFENDER; COUNT III, AUTO BURGLARY, AND SENTENCED TO SEVEN YEARS AS A HABITUAL OFFENDER; AND COUNT IV, GRAND LARCENY, AND SENTENCED TO TEN YEARS AS A HABITUAL OFFENDER, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH ALL SENTENCES TO RUN CONSECUTIVELY AND TO BE SERVED WITHOUT THE POSSIBILITY OF PROBATION OR PAROLE District Attorney: Jon Mark Weathers Case Number: 06-351-CR |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | J.C. RAMSEY A/K/A HENRY EARL RAMSEY |
LESLIE S. LEE,
GLENN S. SWARTZFAGER,
GAY L. POLK-PAYTON |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD | ||
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: | Grand larceny & Auto burglary - Peremptory challenges |
| Summary of the Facts: | J.C. Ramsey was convicted of one count of grand larceny and two counts of auto burglary. He was sentenced as a habitual offender to ten years for the grand larceny conviction and seven years for each of the auto burglary convictions. He appeals. |
| Summary of Opinion Analysis: | Ramsey argues that the court erred by refusing to find that he had presented a prima facie Batson challenge when the State excluded three African American jurors. The only evidence that Ramsey offered to support his allegations of discrimination was that the State excluded three African American jurors. Ramsey offered no evidence of any facts or circumstances from which the court could infer that the State was purposefully striking African American venire members. Furthermore, there was no such evidence in the record of any facts or circumstances that would support Ramsey’s allegations. Thus, there was no error in failing to require the State to present race-neutral reasons for exercising its peremptory challenges. |
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