Clay v. State
| Docket Number: | 2003-KA-00631-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-24-2004 Opinion Author: Bridges, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Grand larceny - Peremptory challenges - Jury instruction - Previous convictions - Disproportionate sentence Judge(s) Concurring: King, C.J., Lee, Myers, Chandler and Griffis, JJ. Non Participating Judge(s): Barnes, J. Dissenting Author : Irving, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-06-2002 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: GRAND LARCENY: SENTENCED TO SERVE AS A HABITUAL OFFENDER A TERM OF LIFE WITHOUT PAROLE IN THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, SUCH SENTENCE SHALL NOT BE REDUCED NOR SUSPENDED NOR SHALL SAID DEFENDANT BE ELIGIBLE FOR PAROLE OR PROBATION. District Attorney: Forrest Allgood Case Number: 2002-0008-CR1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | William Henry Clay |
MICHAEL R. FARROW |
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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: | Grand larceny - Peremptory challenges - Jury instruction - Previous convictions - Disproportionate sentence |
| Summary of the Facts: | William Henry Clay was convicted of both grand larceny and recidivism and was sentenced to life in prison without parole. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Peremptory challenges Clay, who is a black male, argues that the State used all four of its peremptory challenges to exclude prospective black jurors and that the race-neutral reasons supplied by the State were inadequate and incorrect. The prosecution's reasons included that three jurors had the same last name as several defendants convicted in the area and one juror was currently unemployed. The factual findings of the judge with regard to the challenges were not clearly erroneous or against the overwhelming weight of the evidence. Issue 2: Jury instruction Clay argues that one of the instructions was an incorrect statement of the law. The record reflects that no objection to this instruction was made during the trial and therefore appeal of this issue is barred. Issue 3: Previous convictions Clay argues that the State proved the prior convictions of a “William Clay” but never “William Henry Clay.” The record does not show that Clay objected to either the testimony or the documents when given and entered into evidence. Issue 4: Disproportionate sentence Clay argues this his sentence is grossly disproportionate to the crime of grand larceny. A trial court will not be held in error if the sentence imposed is within the limits fixed by statute. Here, the judge did not go beyond the required sentencing. |
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