Trevillion v. State
| Docket Number: | 2008-KA-01056-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-24-2009 Opinion Author: KING, C.J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Murder, Aggravated assault, Shooting into occupied dwelling & Possession of firearm by convicted felon - Section 13-5-25 - Exemption from jury service Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-08-2008 Appealed from: WARREN COUNTY CIRCUIT COURT Judge: Frank G. Vollor Disposition: CONVICTED OF COUNT I, MURDER, AND SENTENCED TO LIFE; COUNT II, SHOOTING INTO AN OCCUPIED DWELLING, AND SENTENCED TO TEN YEARS; COUNT III, AGGRAVATED ASSAULT, AND SENTENCED TO TWENTY YEARS; COUNT IV, AGGRAVATED ASSAULT, AND SENTENCED TO TWENTY YEARS; AND COUNT V, POSSESSION OF A FIREARM BY A CONVICTED FELON, AND SENTENCED TO THREE YEARS, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH THE SENTENCES IN COUNTS II, III, IV, AND V TO RUN CONSECUTIVELY TO THE SENTENCE IN COUNT I District Attorney: Richard Earl Smith, Jr. Case Number: 08,0074 CRV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ANTHONY TREVILLION |
JUSTIN TAYLOR COOK |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: STEPHANIE BRELAND WOOD | ||
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| Topic: | Murder, Aggravated assault, Shooting into occupied dwelling & Possession of firearm by convicted felon - Section 13-5-25 - Exemption from jury service |
| Summary of the Facts: | Anthony Trevillion was convicted of murder, two counts of aggravated assault, shooting into an occupied dwelling, and possession of a firearm by a convicted felon and sentenced to twenty years on each aggravated assault count, ten years for shooting into an occupied dwelling, and three years for possession of a firearm by a convicted felon. He appeals. |
| Summary of Opinion Analysis: | Trevillion argues that the trial court erred by excusing two potential jurors because they had previously served on a jury within the past two years. According to section 13-5-25, a qualified individual may be exempted from jury service as a personal privilege. The exemptions under section 13-5-25 are not mandatory and must be asserted by the individual. The trial judge incorrectly informed prospective jurors that he was required to excuse them if they had served on a jury in the last two years. The two jurors in question each informed the trial judge of their prior jury service. Both accepted the judge’s representation that their release from jury service was mandatory. As a result, neither of them affirmatively claimed the prior jury service excuse. It may be argued that one of the jurors claimed the excuse by her departure. However, the other juror not only did not claim the excuse, but he affirmatively expressed a willingness to serve. Although the trial court erred in excusing this juror, the record does not reflect a contemporaneous objection to the error, and the exclusion of the juror was harmless error. A defendant has a right to have his case heard by a fair and impartial jury. There is nothing in the record to even suggest that the jury which heard this case was not fair and impartial. |
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