McGee v. State


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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

Supreme Court: Opinion Date: 08-31-2006
Opinion Author: Waller, P.J.
Holding: The Judgment of the Court of Appeals is Reversed, and the Judgment of the Trial Court is Reinstated and Affirmed. Conviction of Two Counts of Armed Robbery and Sentences of Life Imprisonment, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed.

Additional Case Information: Topic: Armed robbery - Peremptory challenge - Plain error doctrine
Judge(s) Concurring: Smith, C.J., Easley, Carlson and Randolph, JJ.
Non Participating Judge(s): Graves, J.
Dissenting Author : Dickinson, J.
Dissent Joined By : Cobb, P.J., and Diaz, J.
Writ of Certiorari: Granted
Appealed from Court of Appeals

Trial Court: Date of Trial Judgment: 09-25-2001
Appealed from: Hinds County Circuit Court
Judge: James E. Graves, Jr.
Disposition: McGee was convicted of two counts of armed robbery. Hinds County Circuit Court Judge James E. Graves, Jr. sentenced McGee, as an habitual offender, to serve a life sentence without parole in the custody of the Mississippi Department of Corrections.
Case Number: 00-0-245

Note: The Judgment of the Court of Appeals is Reversed, and the Judgment of the Trial Court is Reinstated and Affirmed. Conviction of Two Counts of Armed Robbery and Sentences of Life Imprisonment, as a Habitual Offender, in the Custody of the Mississippi Department of Corrections, Affirmed. Link Inactive

  Party Name: Attorney Name:  
Appellant: Jerry McGee








 

Appellee: State of Mississippi  

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Topic: Armed robbery - Peremptory challenge - Plain error doctrine

Summary of the Facts: Jerry McGee was convicted of two counts of armed robbery and sentenced to life imprisonment. The Court of Appeals reversed, and the Supreme Court granted certiorari.

Summary of Opinion Analysis: The Court of Appeals found that gender discrimination by the State in the selection of the jury warranted a new trial under the plain error doctrine. 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. While the record undoubtedly shows the prosecutor had a discriminatory intent in her attempt to prevent the juror from being seated, the question of whether the error prejudiced the outcome of the trial must still be answered. The record does not record the specific gender of each juror but from the jurors’ names, it can be deduced that at least five, and possibly six, of the twelve jurors were male. The omission of one male juror from a substantially gender equal jury cannot be said to have prejudiced the outcome of the trial. Therefore, plain error did not occur when the circuit court judge accepted the prosecutor’s race neutral, albeit gender-biased, reason for excluding the juror.


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