Grandberry v. Bonner, 80-3778
| Citation | 653 F.2d 1010 |
| Decision Date | 20 August 1981 |
| Docket Number | No. 80-3778,80-3778 |
| Parties | Roosevelt GRANDBERRY, Petitioner-Appellant, v. Jesse BONNER, Sheriff of Coahoma County, Mississippi, Respondent-Appellee. . Unit A |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Tyree Irving, Greenville, Miss., for petitioner-appellant.
Karen Gilfoy, Asst. Atty. Gen., Jackson, Miss., for respondent-appellee.
Appeal from the United States District Court for the Northern District of Mississippi.
Before RUBIN, RANDALL and TATE, Circuit Judges.
On February 19, 1980, petitioner, Roosevelt Grandberry, filed a petition seeking a writ of habeas corpus in the United States District Court for the Northern District of Mississippi. In his petition, Grandberry alleged that he was being detained by Respondent Bonner pending a scheduled retrial on a murder charge and that this detention was unlawful because his first trial on this charge had ended when the trial judge, sua sponte, declared a mistrial in the absence of any manifest necessity for such action. Grandberry claimed that a retrial would, therefore, place him twice in jeopardy for the same offense in violation of the constitutional prohibition of double jeopardy.
The district court, after finding that Grandberry had exhausted all available state remedies, considered his petition on the merits and denied habeas relief. After reviewing the record of the events which prompted the declaration of a mistrial at Grandberry's first trial, we have concluded that the district court erred in determining that these circumstances constituted manifest necessity for a mistrial. Therefore, we reverse and order that the writ issue.
Grandberry's first trial on the murder charge began on February 11, 1980 in the Circuit Court of Coahoma County, Mississippi. The following evening at approximately 9:00 p. m., the case was submitted to the jury, which had been sequestered during the trial. After deliberating for approximately two hours, the jury indicated to the bailiff that they were as yet unable to reach a verdict. The trial judge then conferred with the district attorney and Grandberry's counsel in chambers. In the course of this conference, the trial judge proposed to inquire of the jury whether further deliberations on the following day would be helpful. Neither party objected to this proposal, however, Grandberry's counsel emphasized that: "(i)t is just our understanding that you are going to inquire as to whether or not coming back in the morning will aid them." The court replied "... I don't intend to release them, of course."
The court then reconvened, the jury returned to the courtroom and the following colloquy occurred:
BY THE COURT: Ladies and gentlemen of the jury, have you been able to agree on a verdict?
(Jurors shake heads to the left and right.)
Shortly thereafter, the bailiff reported to the trial judge that one of the jurors was ill. Petitioner, his attorneys and the assistant district attorney then returned to the courtroom where the trial judge questioned one of the jurors, Roosevelt Noah, about his condition. The exchange between the court and Mr. Noah formed the predicate for the declaration of a mistrial, therefore, we think it important to relate it in full.
After the jury returned to the jury room to gather their belongings, Grandberry's attorney approached the bench and asked for an opportunity to be heard regarding the propriety of the mistrial. The court deferred defense counsel's presentation until after the jury had left the courthouse, apparently because the jurors had to pass through the courtroom on their way out of the building. After the jury left, defense counsel objected to the declaration of a mistrial and to the court's failure to allow defense counsel an opportunity to be heard on the question prior to the discharge of the jury. 1
On February 15, 1980 the circuit court held a hearing on Grandberry's "Motion to Quash and/or Dismiss Indictment for Double Jeopardy." At that hearing, Grandberry's counsel argued to the court that it had erred in declaring a mistrial during the first trial because Mr. Noah's condition was not so serious as to constitute a "manifest necessity." Grandberry's counsel contended that the court could have arranged for Mr Noah to get his medication and deferred any action until sufficient time had passed to determine whether Mr. Noah's condition would improve or consulted with counsel about the possibility of allowing deliberations to proceed with only 11 jurors. In the course of this hearing, the judge noted that his decision to declare a mistrial was prompted not only by Mr. Noah's assessment of his own condition but also by Mr. Noah's appearance at the time. The judge stated that Mr. Noah "was in a slouched position in his chair, almost horizontal, was perspiring profusely, and had a rather ashen look about him." Grandberry's counsel stated that he did not concur in the judge's description of Mr. Noah's condition.
Following this hearing, the circuit court judge denied Grandberry's motion. Thereafter, Grandberry exhausted the state remedies available to him by seeking review of the denial of his motion in the Mississippi Supreme Court. The Mississippi Supreme Court denied him any relief.
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