Pruitt v. State
| Docket Number: | 2007-KA-00499-SCT Linked Case(s): 2007-KA-00499-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 07-24-2008 Opinion Author: WALLER, P.J. Holding: Affirmed; The appellant's motion for rehearing is denied. The previous opinions are withdrawn and these opinions are substituted therefor. |
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| Additional Case Information: |
Topic: Armed robbery - Peremptory challenges Judge(s) Concurring: SMITH, C.J., EASLEY, CARLSON, DICKINSON, RANDOLPH AND LAMAR, JJ. Dissenting Author : DIAZ, P.J., with separate written opinion. Dissent Joined By : GRAVES, J. Procedural History: Jury Trial; Motion for Rehearing Nature of the Case: CRIMINAL - FELONY; Motion for Rehearing |
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| Trial Court: |
Date of Trial Judgment: 03-07-2007 Appealed from: MONROE COUNTY CIRCUIT COURT Judge: Paul S. Funderburk Disposition: Conviction of armed robbery and sentence of thirty-five (35) years, with five (5) years suspended, with conditions, in the custody of the Mississippi Department of Corrections. The appellant shall be placed under post-release supervision upon release from the term of incarceration for a period of five (5) years. District Attorney: John Richard Young Case Number: CR06-209 |
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| Note: | The previous opinions are withdrawn and these opinions are substituted therefor. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JOE SOLOMON PRUITT |
OFFICE OF INDIGENT APPEALS
BY: BENJAMIN A. SUBER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LA DONNA C. HOLLAND | ||
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 - Peremptory challenges |
| Summary of the Facts: | The motion for rehearing is denied, and these opinions are substituted for the original opinions. Joe Pruitt was convicted of armed robbery. He appeals. |
| Summary of Opinion Analysis: | Pruitt argues the State’s reasons for striking three African-Americans jurors were pretexts for racial discrimination. The State explained that it struck juror number one because her jury form indicated that she had short-term employment, lived in a high-crime area, was a single mother, and according to one of the law enforcement officers, had a relative who had been prosecuted in that county. The State struck juror number two based on information from one of the law enforcement officers that this juror had a relative who had been recently prosecuted. The State struck juror number fourteen because she had short term employment and one of the law enforcement officers informed the prosecutor that the State had prosecuted two of the juror’s relatives. As the State asserts, each of its reasons previously has been held to be race-neutral, including being single with children, having short-term employment, having a friend or family member charged with a crime, and living in a high crime area. Thus, Pruitt failed to meet his burden, and the court's denial of Pruitt's Batson challenge is affirmed. |
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