Younger v. State
| Docket Number: | 2005-KA-00041-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 06-22-2006 Opinion Author: Waller, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Cell phone use by jurors Judge(s) Concurring: Smith, C.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Cobb, P.J. Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 04-07-2004 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: Younger was convicted of murder by a Hinds County Circuit Court jury and sentenced to life in prison. District Attorney: Eleanor Faye Peterson Case Number: 01-1103CRY |
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| Party Name: | Attorney Name: | |||
| Appellant: | Cassandra Younger |
CYNTHIA A. STEWART |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. DANIEL HINCHCLIFF |
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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: | Murder - Cell phone use by jurors |
| Summary of the Facts: | Cassandra Younger was convicted of murder and sentenced to life in prison. She appeals. |
| Summary of Opinion Analysis: | Younger argues that the possibility that jurors had and used cell phones destroyed the integrity of her trial and warrants a new trial in light of the merest chance that jurors engaged in prohibited communications. She argues that the court erred by failing to instruct the jury not to use or possess cell phones while they were acting as jurors in Younger’s case. Not only did she fail to object to the judge’s admonitions to the jury at the time he gave them, but she has failed to point to any case law finding preliminary instructions that do not contain specific prohibitions concerning cell phones to be inadequate. The record does not support Younger’s argument that the cell phone issue was raised during trial, and Younger’s failure to preserve the record bars her claim from consideration. |
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