Davis v. State


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Docket Number: 2008-KA-01733-SCT
Linked Case(s): 2008-KA-01733-SCT

Supreme Court: Opinion Link
Opinion Date: 08-18-2011
Opinion Author: Lamar, J.
Holding: Affirmed

Additional Case Information: Topic: Aggravated assault on law-enforcement officer, Escape, Burglary of dwelling & Possession of firearm by felon - Peremptory challenges
Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph and Pierce, JJ.
Dissenting Author : King, J.
Dissent Joined By : Kitchens and Chandler, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 06-24-2005
Appealed from: Monroe County Circuit Court
Judge: Paul S. Funderburk
Disposition: Jeremy Davis was convicted of aggravated assault on a law-enforcement officer, escape, burglary of a dwelling, and possession of a firearm by a felon.
Case Number: CR05-029

  Party Name: Attorney Name:  
Appellant: Jeremy Dale Davis




PRO SE THOMAS M. BRAHAN



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART  

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Topic: Aggravated assault on law-enforcement officer, Escape, Burglary of dwelling & Possession of firearm by felon - Peremptory challenges

Summary of the Facts: Jeremy Davis was convicted of aggravated assault on a law-enforcement officer, escape, burglary of a dwelling, and possession of a firearm by a felon. On appeal, his attorney filed a Lindsey brief. The Court ordered additional briefing on the defendant’s Batson challenges.

Summary of Opinion Analysis: Davis and his attorney each filed briefs in which they provided only generalized assertions that the State had violated the Equal Protection Clause by exercising all six of its peremptory strikes against African-American jurors. Each of the reasons provided by the State has been upheld as race-neutral. However, the trial court failed to make on-the-record determinations as to each challenge, and the State offered demeanor-based reasons for striking two jurors. While the State offered a demeanor-based reason as one of two explanations for striking one of the jurors, the trial judge himself included the incomplete jury questionnaire as part of the record. Therefore, the record supports the nondemeanor-based, race-neutral reason for this juror’s exclusion. Furthermore, the State offered only a demeanor-based reason for its strike of the other juror, so the trial court must have credited this race-neutral reason. Thus, the record supports the race-neutral reasons offered by the State. Futhermore, Davis failed to meet his burden of proof and persuasion. The record contains no evidence regarding the racial composition of the jury panels or the petit jury that could help determine whether the State’s reasons were actually pretextual. And Davis failed to offer any rebuttal to the State’s proffered reasons for striking the six jurors.


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