Lafayette v. State
| Docket Number: | 2010-CT-00064-SCT Linked Case(s): 2010-KA-00064-COA ; 2010-KA-00064-COA ; 2010-CT-00064-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-21-2012 Opinion Author: Dickinson, P.J. Holding: The Court of Appeals is reversed and the case is remanded to the trial court. |
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| Additional Case Information: |
Topic: Manslaughter - Sharplin instruction Judge(s) Concurring: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. 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: 12-17-2009 Appealed from: Bolivar County Circuit Court Judge: Kenneth L. Thomas Disposition: CONVICTED OF MANSLAUGHTER AND SENTENCED TO EIGHTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Brenda Fay Mitchell Case Number: 2008-001-CR1 |
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| Note: | The Supreme Court reversed the Court of Appeals when it found the trial judge improperly instructed the jury on the costs of trial and the possibility of calling another jury that would be fair and reasonable. The Court of Appeals Opinion can be found at http://courts.ms.gov/Images/Opinions/CO71228.pdf . | |
| Party Name: | Attorney Name: | |||
| Appellant: | Anthony Lafayette |
STAN PERKINS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER, SCOTT STUART |
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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: | Manslaughter - Sharplin instruction |
| Summary of the Facts: | Anthony Lafayette was convicted of manslaughter. He appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | After deliberating for some time, the jurors returned to the courtroom and informed the judge that they were unable to reach a unanimous verdict. Lafayette argues that the trial judge committed reversible error by stating to the jury that he would “call back another jury that hopefully [would] be reasonable and fair, and one that [could] be successful in reaching a decision,” and “I hope not to put the County and the State to the expense if I can get around it.” The State argues that the trial judge’s comments were not coercive. However, this argument is contrary to the judge’s plain words and to precedent. As the Court directed in Sharplin v. State, 330 So. 2d 591 (Miss. 1976), upon learning the jury is deadlocked, the trial judge may give one of two instructions stated in that case, and addressing the costs of trial and the possibility of calling another jury that is fair and reasonable is not an option. In this case, the improper communication was incurable reversible error. |
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