Davis v. State
Docket Number: | 2008-KA-01733-SCT Linked Case(s): 2008-KA-01733-SCT |
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Supreme Court: | Opinion Link Opinion Date: 08-18-2011 Opinion Author: Lamar, J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
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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. |
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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