Townes v. State


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Docket Number: 2010-KA-02094-COA
Linked Case(s): 2010-CT-02094-SCT

Court of Appeals: Opinion Link
Opinion Date: 04-10-2012
Opinion Author: Carlton, J.
Holding: Affirmed

Additional Case Information: Topic: Conspiracy, Burglary of dwelling & Grand larceny - Impartial jury - Peremptory challenges - Challenges for cause
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 12-13-2010
Appealed from: Tate County Circuit Court
Judge: James McClure, III
Disposition: CONVICTED OF COUNT I, CONSPIRACY; COUNT II, BURGLARY OF A DWELLING; COUNT III, GRAND LARCENY; AND SENTENCED TO FIVE YEARS ON COUNT I; TEN YEARS ON COUNT II, UPON RELEASE FROM THE TERM OF INCARCERATION FOR COUNT II, DEFENDANT IS PLACED UNDER A TERM OF FIFTEEN YEARS POST-RELEASE SUPERVISION, WITH FIVE YEARS REPORTING; TEN YEARS ON COUNT III; WITH THE SENTENCES IN COUNTS I, II, AND III TO RUN CONCURRENTLY, FOR A TOTAL OF TEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS.
District Attorney: John W. Champion
Case Number: CR2010-74-MT

  Party Name: Attorney Name:  
Appellant: Marquis T. Townes a/k/a MarquisTantorin Townes a/k/a Marquis Townes




TOMMY WAYNE DEFER



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT  

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Topic: Conspiracy, Burglary of dwelling & Grand larceny - Impartial jury - Peremptory challenges - Challenges for cause

Summary of the Facts: Marquis Townes was convicted of conspiracy, burglary of a dwelling, and grand larceny. He appeals.

Summary of Opinion Analysis: Townes argues that his constitutional right to an impartial jury was violated because he was forced to use five of his six peremptory challenges on jurors who he claims should have been excused for cause by the circuit court, because they were past victims of house burglary. Townes ultimately exhausted all six of his peremptory challenges during jury selection, using five of the challenges against victims of house burglary. To the extent that any juror, because of his relationship to one of the parties, his occupation, his past experience, or whatever, would normally lean in favor of one of the parties, or be biased against the other, or one's claim or the other's defense in the lawsuit, to this extent, of course, his ability to be fair and impartial is impaired. When a prospective juror assures the court that, despite the circumstance that raises some question as to his qualification, this will not affect his verdict, this promise is entitled to considerable deference. Townes fails to establish prejudice because the venire members in question did not actually serve on the jury. While Townes used his peremptory challenges to remove the venire members at issue who were victims of house burglary, and while Townes did exhaust those challenges, Townes must show that the circuit judge’s ruling forced the seating of an incompetent juror or jurors, to Townes’s detriment. Townes has failed to do so. In addition, the venire members who identified themselves as past victims of burglary assured the circuit judge that they could be fair and impartial jurors. Thus, this issue is without merit.


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