Yarbrough v. State
| Docket Number: | 2004-KA-00540-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 09-22-2005 Opinion Author: Graves, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Impartial jury - Mistrial Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-11-2004 Appealed from: Neshoba County Circuit Court Judge: Marcus D. Gordon Disposition: Yarbrough was convicted of the sale of cocaine. The trial judge sentenced Yarbrough to a term of eighteen years’ imprisonment in the custody of the Mississippi Department of Corrections. District Attorney: KEN TURNER Case Number: 02-CR-154-NS-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Robert L. Yarbrough |
RODNEY A. RAY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE McCRORY |
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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: | Sale of cocaine - Impartial jury - Mistrial |
| Summary of the Facts: | Robert Yarbrough was convicted of the sale of cocaine and was sentenced to eighteen years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Impartial jury Yarbrough argues that he was denied an impartial jury drawn from a representative cross-section of his community. The test for determining whether there has been a prima facie violation of the fair cross-section requirement requires the defendant to show that the group alleged to be excluded is a distinctive group in the community; that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and that this underrepresentation is due to systematic exclusion of the group in the jury selection process. The State has offered no argument that the black population of Neshoba County, the group alleged to be excluded, constitutes a distinctive group within the county. Yarbrough has not introduced sufficient evidence to establish the second element. In addition, Yarbrough has offered no evidence which suggested racial discrimination in the drawing or selection of jurors. Therefore, the judge did not err in denying Yarbrough’s motion for a dismissal of the indictment or his alternative motion for a continuance. Issue 2: Mistrial Yarbrough argues that the court erred in refusing to grant his motion for a mistrial which he made following a statement of a narcotics agent which he alleges is improper evidence of other crimes or bad acts. A judge’s admonition to the jury to disregard improper testimony or comments after sustaining an objection to such testimony will not be held in error, absent unusual circumstances. Here, the trial judge did everything he could, short of granting a mistrial, to keep the jury from considering the improper testimony. These actions were sufficient to cure any potential prejudice in the testimony. |
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