Pilcher v. State
| Docket Number: | 2008-KA-01434-COA Linked Case(s): 2008-KA-01434-COA ; 2008-CT-01434-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-20-2010 Opinion Author: Griffis, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Murder - Opening statement - Mistrial Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-04-2008 Appealed from: LEFLORE COUNTY CIRCUIT COURT Judge: Margaret Carey-McCray Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Willie Dewayne Richardson Case Number: 2007-0087 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jermorris Pilcher |
MARVELL MAURICE GORDON |
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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: | Murder - Opening statement - Mistrial |
| Summary of the Facts: | Jermorris Pilcher was convicted of murder and sentenced to life. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Opening statement Pilcher argues that the circuit court erred by failing to declare a mistrial during the State’s opening statements after the prosecutor allegedly made improper statements regarding the law, in the presence of the jury, concerning the weight of evidence that the jurors could place on the testimony of a witness. During the opening statement, the prosecutor informed the jury that the witness would be testifying as to the details of the shooting and that he was a convicted felon. The prosecutor also reminded the jury that, during voir dire, none of the selected jurors had raised their hands when asked whether or not they would hold such a conviction against a witness when considering his testimony. The record shows that Pilcher’s counsel failed to make a contemporaneous objection to the prosecutor’s statement regarding the witness’s conviction and the weight that the jury could give his testimony. The failure to make a contemporaneous objection at trial waives the issue on appeal. Waiver notwithstanding, the jury was properly instructed about its exclusive duty to weigh the evidence presented. The circuit court instructed the jury, through jury instruction number one, that it must decide how much of each witness’s testimony it believes and how much weight it will give that testimony. Because juries are presumed to follow the instructions of the trial court, sufficient evidence exists to show that the jury understood that it could consider the witness’s felony conviction against him in determining his credibility and what weight to ascribe to his testimony. Issue 2: Mistrial At trial, a witness testified to new information regarding the shooting, which was previously unheard by both parties. Pilcher argues that the circuit court should have instructed the jury to disregard the witness’s testimony that referenced the new information. The record and briefs support the assertion that the new information provided by the witness was not known by the State prior to trial. The circuit court specifically instructed the jury to disregard the witness’s statement, and the jury is presumed to have followed the circuit court’s instruction. Thus, the circuit court did not abuse its discretion in denying Pilcher’s request for a mistrial. |
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