McGee v. State
| Docket Number: | 2003-CT-01686-SCT Linked Case(s): 2003-CT-01686-SCT ; 2003-CT-01686-SCT ; 2003-CT-01686-SCT ; 2003-CT-01686-SCT ; 2003-KA-01686-COA ; 2003-KA-01686-COA |
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| Supreme Court: | Opinion Link Opinion Date: 01-18-2007 Opinion Author: Waller, P.J. Holding: Jerry McGee was convicted of two counts of armed robbery by a Hinds County Circuit Court jury and sentenced to life imprisonment in the custody of the Mississippi Department of Corrections. The Court of Appeals reversed the judgment of conviction. We affirm the decision of the Court of Appeals, reverse the judgment entered and sentence imposed by the Circuit Court of the First Judicial District of Hinds County, and remand for a new trial. |
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| Additional Case Information: |
Topic: Armed robbery - Peremptory challenge Judge(s) Concurring: Smith, C.J., Cobb, P.J., Diaz, Carlson, Dickinson and Randolph, JJ. Judge(s) Concurring Separately: Dickinson, J., Specially Concurs with Separate Written Opinion Joined by Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson and Randolph, JJ. Non Participating Judge(s): Graves, J. Dissenting Author : Easley, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 09-25-2001 Appealed from: Hinds County Circuit Court Judge: James E. Graves, Jr. Disposition: Jerry McGee was convicted of two counts of armed robbery by a Hinds County Circuit Court jury and sentenced to life imprisonment in the custody of the Mississippi Department of Corrections. District Attorney: Eleanor Faye Peterson Case Number: 00-0-245 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jerry McGee |
THOMAS W. POWELL |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL |
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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 challenge |
| Summary of the Facts: | The motions for rehearing filed by Jerry McGee are granted, and these opinions are substituted for the original opinions. Jerry McGee was convicted of two counts of armed robbery and sentenced to life imprisonment. The Court of Appeals reversed the judgment of conviction, and the Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | McGee raised a Batson challenge during voir dire arguing the State was impermissibly striking African-American jurors. The prosecutor gave gender as her race-neutral reason for striking a juror, and McGee made no objection. In spite of the procedural bar for failure to object, the Court of Appeals reviewed the issue of the juror’s exclusion by relying on McGee’s right to raise the issue for the first time on appeal under the plain error doctrine. A review under the plain error doctrine is necessary when a party’s fundamental rights are affected, and the error results in a manifest miscarriage of justice. To determine if plain error has occurred, the court must determine if the trial court has deviated from a legal rule, whether that error is plain, clear or obvious, and whether the error has prejudiced the outcome of the trial. The State’s use of gender as a reason for the exclusion of a male juror from the jury panel violated McGee’s rights under the equal protection clause. Therefore, allowing the State to exclude the potential juror based on his gender was indeed a deviation from sound precedent. Only one instance of purposeful discrimination is enough to prove a discriminatory purpose. Because McGee’s right to equal protection was violated, the entire judicial process was infected, and the case is reversed and remanded for a new trial. |
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