Bounds v. State

• Decision Date: 13 February 1997
• Docket Number: No. 94-KA-00397-SCT,94-KA-00397-SCT
• Citation: 688 So.2d 1362
• Parties: Kenneth Leon BOUNDS v. STATE of Mississippi.
• Court: Mississippi Supreme Court

Page 1362

688 So.2d 1362

Kenneth Leon BOUNDS v. STATE of Mississippi.

No. 94-KA-00397-SCT.

Supreme Court of Mississippi.

Feb. 13, 1997.

Charles W. Wright, Jr., Palmer Wright & Williamson, Meridian, for appellant.

Michael C. Moore, Atty. Gen., Deirdre McCrory, Special Asst. Atty. Gen., Jackson, for appellee.

Before DAN LEE, C.J., and BANKS and JAMES L. ROBERTS, Jr., JJ.

JAMES L. ROBERTS, Jr., Justice, for the Court:

STATEMENT OF THE CASE

This appeal is brought before this Court by Kenneth Leon Bounds (Bounds) from the Circuit Court of Lauderdale County where he was charged with burglary of an occupied dwelling (Count I) and kidnapping (Count II). As to Count I, the jury found Bounds guilty of the lesser-included offense of willful trespass, but was unable to reach a verdict as to Count II. A mistrial was declared as to that charge. Bounds was sentenced to a term of six months in the county jail and ordered to pay a fine of $500 and court costs of $104.50.

Bounds has appealed that decision to this Court raising the following issues on appeal:

I. THE TRIAL COURT ERRED IN GRANTING THE STATE'S PEREMPTORY CHALLENGES OF JURORS ON THE BASIS OF GENDER WHICH AMOUNTED TO INTENTIONAL DISCRIMINATION IN VIOLATION OF THE EQUAL PROTECTION CLAUSE

AND THEN IMPROPERLY DENIED DEFENDANT BOUNDS' PEREMPTORY CHALLENGES, EVEN AFTER A GENDER NEUTRAL EXPLANATION HAD BEEN GIVEN.

II. THE TRIAL COURT ERRONEOUSLY ALLOWED THE ADMISSION AND PREJUDICIAL USE BY THE PROSECUTOR OF EVIDENCE OF OTHER BAD ACTS, MISCONDUCT AND CRIMES WHOSE PREJUDICIAL EFFECT OUTWEIGHED ANY PROBATIVE VALUE.

III. THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION FOR DIRECTED VERDICT AND MOTION FOR JUDGMENT OF ACQUITTAL AND/OR IN THE ALTERNATIVE A NEW TRIAL DUE TO INSUFFICIENT EVIDENCE.

STATEMENT OF FACTS

Bounds is a resident of Newton County, Mississippi, who worked for his father in the family's business, Bounds Oil Company, located in Forest. Bounds was involved in a stormy relationship with Brenda Guin (Guin), who he had met in the fall of 1991. The two began dating and later became lovers. Guin moved into Bounds' trailer and began cohabiting with him. The two later moved into a residence located on property owned by Bounds' father. They then moved in with his parents for a little over a year. During this time she did not pay rent or contribute to the household but was treated like a family member.

In June of 1992, Guin learned that she was pregnant by Bounds and expecting a child. Bounds was happy about the pregnancy, but the relationship remained volatile. Bounds and Guin would separate often, only to reconcile shortly thereafter. Guin wanted Bounds to propose marriage to her and was expecting an engagement ring at Christmas of 1993. However, Bounds gave Guin a gold necklace instead, and Guin left the house abruptly. She returned the next day.

Guin bought a trailer in Lauderdale County and wanted Bounds to move in with her. Bounds' family helped pay for necessities (pots, pans, bathroom accessories, etc.) for the home, and the two again began to cohabit outside the union of marriage. There is some disagreement as to exactly how long Bounds stayed at the trailer; however, he left after a confrontation with Guin's uncle, who wanted him off the property. Upon learning of this incident, Guin went to the Bounds' residence in order to learn what had happened. Guin was unsuccessful in getting Bounds to return to the trailer, because he did not want another confrontation. Guin stayed at the Bounds' residence until January 27, 1993, when Bounds began to talk of moving to Oklahoma. She moved back to her trailer in Lauderdale County.

On February 16, 1993, Bounds sent Guin roses, balloons, and a teddy bear at Rush Hospital in Newton, where she was a registered nurse. The two parties have differing testimonies as to the exact details of the events that occurred later that day. It is undisputed that Bounds went to Guin's trailer sometime on the night of February 16. He testified that he went over at a pre-arranged time in order to work things out with Guin and reconcile the relationship. Guin claims that she did not want the flowers, balloons, and the teddy bear that had been sent to the hospital. In fact, Guin testified that prior to seeing him on February 16, at her trailer, she had not talked to him since the first of January. She stated that when Bounds would call her at the hospital she would either refuse to talk to him or just hang up on him.

Bounds testified that he and Guin agreed that they would talk on the night of February 16, when he returned from a trip to Starkville. When Guin left work she went to her parents' house to eat supper and visit. Her trailer is less than one hundred yards away from her parents' house. Guin testified that she went to her trailer, took a shower The events that happened at the trailer are presented in a very different light by Bounds. He states that they were to meet around 7:00 p.m., but because he was late, she refused to see him. He testified that this had happened before when she locked him out of his own bedroom at his house for being fifteen minutes late coming home at night. Bounds states that he went over to the window because he knew he could see in. He asked again to talk to her and was refused. He got mad and hit the window causing it to break. This caused Guin to open the door and come out to see why he had hit the window. Bounds says that he did not intend to break the window and would pay for the damage. Guin noticed that Bounds' arm was bleeding terribly, and he began to walk towards his car. She began to walk to her parent's home when Bounds asked her what she was doing. It was at this point, according to Bounds, that Guin informed him that she was having pains in her right side. Bounds thought this meant she was in labor and was about to have the child. When he asked her what to do, she told him to take her to the hospital.

and got into bed to read a catalog. She states that she woke up when she heard someone banging on the front door to her trailer. Guin testified that Bounds was the one at the door, and he ultimately broke the window to enter the trailer. Guin claims to have then opened the door and ran towards her parents' house to get away from Bounds. Further she states that Bounds pushed her down and dragged her back to the trailer, where she was forced into his car when he "smashed her head into the door frame."

Guin and Bounds both agreed that they started to the hospital. They both agreed that Bounds was in a hurry. They even agreed that they stopped at the Super Stop convenience store. However, neither agree as to the reasons why the events transpired as they did.

Guin told the court that she wanted to go to the hospital in Meridian, but Bounds would not take her there because he was afraid she would tell what he had done. She claimed that the only reason why Bounds stopped at the Super Stop was so he could call his mother. Guin testified that after she sat in the car "for about thirty seconds trying to figure out what to do," she ran into the store telling the workers that she was in labor and to get help. According to Guin, Bounds then began to tell the workers that they were married and this was their first child.

Bounds told a different story. He stated that he wanted to get her to the nearest hospital in Meridian, but Guin wanted to go to the hospital in Newton where she worked. Bounds stated that Guin told him that she was not going to make it and he was going to have to stop at the nearest place. He ran inside to have the people inside to call his mother to let her know that they were on their way to the hospital. Guin came inside and said that she was not going to make it, and Bounds told the workers to call 911. He went outside to move his car when Guin told the workers that he had kidnapped her and to get help.

Despite the conflicting testimony as to the events prior to the police arriving at the Super Stop, the facts are clear that Bounds was arrested and placed into a patrol car without being told why or of Guin's condition. He was later charged with burglary of Guin's trailer and kidnapping her. After a three day trial, Bounds was found guilty of the lesser included offense of willful trespass as to Count I, and a mistrial was declared as to Count II because the jury was unable to reach a verdict.

Aggrieved of this finding by the trial court, Bounds perfected his appeal to this Court raising the following issues:

DISCUSSION OF ISSUES

I. THE TRIAL COURT ERRED IN GRANTING THE STATE'S PEREMPTORY CHALLENGES OF JURORS ON THE BASIS OF GENDER WHICH AMOUNTED

TO INTENTIONAL DISCRIMINATION IN VIOLATION OF THE EQUAL PROTECTION CLAUSE AND THEN IMPROPERLY DENIED DEFENDANT BOUNDS PEREMPTORY CHALLENGES, EVEN AFTER A GENDER NEUTRAL EXPLANATION HAD BEEN GIVEN.

The voir dire in this case was conducted the day after J.E.B. v. Alabama, 511 U.S. 127, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), was handed down by the United States Supreme Court which extended Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), protection to gender. This Court holds that all of the case law following and interpreting Batson now applies to J.E.B. and gender discrimination issues. In other words, race-neutral reasons are also permissible gender-neutral reasons, and the same analysis from Batson applies. In following that decision, the trial judge explained to the attorneys that a peremptory strike would have to be based both on a race-neutral and a gender-neutral reason for it to be granted. With no other guidance than Batson and its progeny, along with J.E.B., the trial judge proceeded with voir dire, and both sides entered objections to the peremptory strikes made by the other side.

Bounds argues that the State intentionally sought to exclude males from the jury panel using its peremptory strikes, thereby violating the Equal Protection Clause. Bounds fails to note in his brief and to...