Daniels v. State
| Docket Number: | 2009-KA-00692-COA Linked Case(s): 2009-KA-00692-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-27-2010 Opinion Author: Maxwell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Peremptory challenges - URCCC 4.05(b) Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Roberts, JJ. Non Participating Judge(s): Carlton, J. Concurs in Result Only: King, C.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-20-2009 Appealed from: MONTGOMERY COUNTY CIRCUIT COURT Judge: Clarence E. Morgan, III Disposition: CONVICTED OF ARMED ROBBERY AND SENTENCED TO TWENTY-FIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, WITH FIVE YEARS SUSPENDED AND FIVE YEARS OF SUPERVISED PROBATION District Attorney: Doug Evans Case Number: 2008-0038CR |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Trevarus Cijuan Daniels |
H. LEE BAILEY, JR., W. DANIEL HINCHCLIFF, LESLIE S. LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND | ||
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: | Armed robbery - Peremptory challenges - URCCC 4.05(b) |
| Summary of the Facts: | Trevarus Daniels was convicted of armed robbery and sentenced to twenty-five years, with five years suspended and five years of supervised probation. Daniels appeals. |
| Summary of Opinion Analysis: | Daniels argues that the State used its peremptory challenges in a discriminatory manner to remove females and African Americans from the venire. The jury venire included eight black males, fifteen white males, fourteen black females, and nineteen white females. After the parties finished voir dire, they exercised their peremptory challenges. Daniels failed to raise any Batson challenges. The final jury was composed of two black males, three white males, two black females, and five white females. URCCC 4.05(b) requires constitutional objections to the use of peremptory challenges to be made at the time the panel is tendered. Because Daniels failed to raise any Batson challenges before the jury was empaneled, he waived his right to complain about the jury’s composition. Daniels argues that no objection is needed where discrimination is apparent from the record. Daniels fails to point to any discriminatory intent on the part of the State or show prejudice, and there is nothing in the record to establish error or prejudice to Daniels. |
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