Billue v. State
| Docket Number: | 2009-KA-01243-COA Linked Case(s): 2009-CT-01243-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-24-2011 Opinion Author: Roberts, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Grand larceny - Jury selection - Weight of evidence Judge(s) Concurring: C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-26-2009 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: Convicted of Grand Larceny and Sentenced to Ten Years in the Custody of the Mississippi Department of Corrections as a Habitual Offender Without Eligibility for Parole of Probation District Attorney: John W. Champion Case Number: CR 2007-323-CD |
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| Party Name: | Attorney Name: | |||
| Appellant: | Charles Billue |
JOHN D. WATSON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT |
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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: | Grand larceny - Jury selection - Weight of evidence |
| Summary of the Facts: | Charles Billue was convicted of grand larceny and was sentenced as a habitual offender to serve ten years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Jury selection Billue argues that the trial court erred in refusing to shuffle the members of the venire in order to move African American jurors up in the order of selection, because he did not have an opportunity to select African American jurors. Defendants have a right to a trial before a jury selected through nondiscriminatory means, but the Sixth Amendment has never been held to require that petit juries actually chosen must mirror the community and reflect the various distinctive groups in the population. There is absolutely no indication of any systematic exclusion in the record. The record also reflects that the jury which was ultimately impaneled consisted of eleven Caucasians and one African American. There were two alternates, one Caucasian and one African American. Approximately fourteen percent of the petit jury and alternates were African American. The trial court noted that the venire was reflective of the demographic makeup of DeSoto County. There exists no indication in the record that the jury venire was listed or seated by the trial court in any particular manner other than at random. Issue 2: Weight of evidence Billue argues that the verdict is against the overwhelming weight of the evidence, because there was never any confession or eyewitness account of the theft at issue in this case. Billue argues that the only evidence against him was testimony of an alleged accomplice, and two defense witnesses testified that the accomplice was not credible. This was a circumstantial-evidence case, and the jury was instructed that in order to return a verdict of guilty, the State must prove Billue’s guilt beyond a reasonable doubt and to the exclusion of any reasonable hypothesis consistent with innocence. Any conflicts in the evidence introduced at trial are for the jury to resolve. Allowing the verdict to stand does not constitute an unconscionable injustice. |
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