Harris v. State


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Docket Number: 2002-KA-00044-COA
Linked Case(s): 2002-CT-00044-SCT ; 2002-CT-00044-SCT ; 2002-KA-00044-COA

Court of Appeals: Opinion Link
Opinion Date: 09-16-2003
Opinion Author: Bridges, J.
Holding: Affirmed

Additional Case Information: Topic: Murder - Heat of passion instruction - Peremptory challenges - Cautionary instruction
Judge(s) Concurring: Thomas, Lee, Myers, Chandler and Griffis, JJ.
Dissenting Author : King, P.J.
Dissent Joined By : Irving, J.
Dissenting Author : Southwick, P.J.
Dissent Joined By : McMillin, C.J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 06-11-1999
Appealed from: Bolivar County Circuit Court
Judge: John L. Hatcher
Disposition: MURDER - LIFE IMPRISONMENT. THE SENTENCE IMPOSED SHALL RUN CONSECUTIVELY TO ANY AND ALL SENTENCES PREVIOUSLY IMPOSED.
District Attorney: Laurence Y. Mellen
Case Number: 99-35 CR 2

  Party Name: Attorney Name:  
Appellant: Tracy Harris




JOHNNIE E. WALLS



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS  

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Topic: Murder - Heat of passion instruction - Peremptory challenges - Cautionary instruction

Summary of the Facts: Tracy Harris was convicted of murder and received a life sentence. He appeals.

Summary of Opinion Analysis: Issue 1: Heat of passion instruction Harris argues that the court erred in refusing to grant him an instruction which included the phrase, "in the heat of passion." While a defendant is entitled to have an instruction on his theory of the case, the judge may refuse an instruction which incorrectly states the law, is without evidentiary foundation, or is stated elsewhere in the instruction. The record shows that there was no claim of acting in the heat of passion by Harris or his own witnesses. In addition, another instruction sufficiently covered a lesser-included-offense instruction for manslaughter. Issue 2: Peremptory challenges Harris argues that the State improperly made its peremptory challenges on the basis of race. The State had accepted five black jurors prior to striking four black jurors, three of whom were teachers. The State stated that teachers as a whole are more sympathetic to a defendant's cause and to wrongs committed by others. Demeanor is a legitimate, race-neutral basis for a peremptory challenge. Issue 3: Cautionary instruction Harris argues that the court should have given sua sponte a cautionary instruction concerning the testimony given by a witness. Harmless error analysis is applicable where the court does not sua sponte give the required limiting instruction when M.R.E. 404(b) evidence is admitted. Because the evidence of Harris's guilt was overwhelming, there is no error.


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