Gaskin v. State
| Docket Number: | 2001-CT-01153-SCT Linked Case(s): 2001-CT-01153-SCT ; 2001-CT-01153-SCT ; 2001-KA-01153-COA ; 2001-KA-01153-COA ; 2001-CT-01153-SCT ; 2001-CT-01153-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 03-25-2004 Opinion Author: Smith, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Double jeopardy - Batson challenge Judge(s) Concurring: Waller, P.J., Cobb, Easley, Carlson and Dickinson, JJ. Non Participating Judge(s): Diaz, J. Concur in Part, Concur in Result 1: Pittman, C.J., Concurs in Part and in the Result Without Separate Written Opinion Concur in Part, Dissent in Part 1: Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 05-31-2001 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: ARMED ROBBERY: SENTENCED TO SERVE A PERIOD OF TWENTY-FIVE YEARS IN THE CUSTODY OF MDOC District Attorney: Keith Miller Case Number: 00-10,680(2) |
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| Note: | Affirmed both the Court of Appeals and the trial court. | |
| Party Name: | Attorney Name: | |||
| Appellant: | William Lewis Gaskin |
ROSS PARKER SIMONS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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: | Armed robbery - Double jeopardy - Batson challenge |
| Summary of the Facts: | William Gaskin was convicted of armed robbery and sentenced to twenty-five years. Gaskin appealed, and the case was affirmed by the Court of Appeals. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Issue 1: Double jeopardy After declaring a mistrial in a first case because the court did not find the State’s race-neutral reasons for striking jurors to be convincing, the matter was retried at a later date. Gaskin argues that because there is an order that recites that the jury was duly sworn and empaneled, this is sufficient to have put him in jeopardy in the first proceeding. The Court of Appeals found that the order misstated and incorrectly characterized the events of the first proceeding and that therefore, there was no double jeopardy. The circumstances show that the jury was never sworn, therefore jeopardy did not attach in the first proceeding. A form order, erroneously reflecting that the jury had been sworn, was signed and entered; however, the entire jury selection process from the record clearly indicates that the seated jury was never administered the oath. In addition, if the defense attorney acted with diligence in raising a timely Batson challenge, the mistrial could have been avoided. Issue 2: Batson challenge In the second proceeding, Gaskin again raised a Batson challenge. Gaskin argues that the State's reasons for striking four black females jurors were pretextual. The State offered employment status, hostile demeanor, friends or acquaintance of defense team, and that one juror has the same last name as twelve individuals being prosecuted in Jackson County. The validity of some variations of these reasons have been addressed in prior cases, and the trial court's acceptance of the State's reason as race-neutral is not clearly erroneous. |
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