Davis v. State

• Decision Date: 27 June 1996
• Docket Number: No. 92-DP-00890-SCT,92-DP-00890-SCT
• Citation: 684 So.2d 643
• Parties: Jeffrey Keller DAVIS v. STATE of Mississippi.
• Court: Mississippi Supreme Court

Page 643

684 So.2d 643

Jeffrey Keller DAVIS v. STATE of Mississippi.

No. 92-DP-00890-SCT.

Supreme Court of Mississippi.

June 27, 1996.

Rehearing Denied Sept. 26, 1996.

George S. Shaddock, Pascagoula, for Appellant.

Michael C. Moore, Atty. Gen., Marvin L. White, Jr., Asst. Atty. Gen., Charlene R. Pierce, Sp. Asst. Atty. Gen., Jackson, for Appellee.

EN BANC.

PITTMAN, Justice, for the Court:

STATEMENT OF THE CASE

In September of 1991, Jeffrey Davis was indicted by a Greene County grand jury for the murder of Linda Hillman while engaged in the commission of a robbery. The indictment was returned pursuant to Miss.Code Ann. § 97-3-19(2)(e) (1972) (capital murder statute) and § 97-3-73 (1972) (robbery statute). Davis was arraigned on November 8, 1991, and held without a bond.

The trial began on May 19, 1992, and continued until May 22, 1992. Davis was found guilty, and the jury entered the sentencing phase of the trial. The jury unanimously found the aggravating circumstances and found that Davis should suffer death.

The trial court sentenced Davis to suffer death in the manner provided by law and ordered that he be transferred to the custody of the Mississippi Department of Corrections. On June 2, 1992, Davis filed a motion for new trial which the circuit court judge denied on July 28, 1992. On August 7, 1992, Davis perfected his appeal to this Court. Davis assigned the following as error:

I. THE STATE'S VOLUNTARY INTOXICATION INSTRUCTION IMPROPERLY SHIFTED THE BURDEN OF PROOF ON THE ISSUE OF INTENT.

II. THE PROSECUTOR COMMITTED REVERSIBLE ERROR IN REPEATEDLY ELICITING EVIDENCE CONCERNING DAVIS' LACK OF REMORSE AS WELL AS IN USING THIS SO CALLED LACK OF REMORSE TO COMMENT ON DAVIS' FAILURE TO TESTIFY.

III. THE MANY INSTANCES OF PROSECUTORIAL MISCONDUCT VIOLATED JEFFREY DAVIS' RIGHT TO A FAIR TRIAL.

IV. THE NONCONFORMITY BETWEEN THE CAPITAL MURDER INSTRUCTION AND THAT DEFINING ARMED ROBBERY WAS ERROR.

V. THE TRIAL COURT ERRED IN DENYING DEFENDANT'S INSTRUCTION ON THE LESSER INCLUDED OFFENSE OF MURDER.

VI. THE USE OF DAVIS' STATEMENTS WAS ERROR IN THAT THE STATE FAILED

TO PROVE THEY WERE VOLUNTARY.

VII. THE TRIAL COURT ERRED IN FAILING TO SUSTAIN DAVIS' MOTION TO QUASH THE JURY VENIRE.

VIII. THE TRIAL COURT ERRED IN LIMITING EXAMINATION OF WITNESS CLAYTON EVANS WITH REGARD TO HIS KNOWLEDGE OF THE VICTIM.

IX. THE TRIAL COURT ERRED IN PROHIBITING EVIDENCE CONCERNING THE VICTIM'S PRIOR CONVICTION FOR POSSESSION OF MARIJUANA.

X. THE JURY WAS GIVEN AN UNCONSTITUTIONAL DEFINITION OF HEINOUS, ATROCIOUS OR CRUEL, AN AGGRAVATING CIRCUMSTANCE THAT WAS UNSUPPORTED BY THE EVIDENCE IN THIS CASE.

XI. THE AGGRAVATING CIRCUMSTANCE OF MURDER COMMITTED FOR PECUNIARY GAIN IS INVALID IN THAT IT FAILS TO NARROW THE CLASS OF PERSONS ELIGIBLE FOR THE DEATH PENALTY.

XII. SENTENCING INSTRUCTION S-3 WAS ERRONEOUS IN THAT IT CONTAINED A SIGNATURE LINE ONLY UNDER THE OPTION OF DEATH.

XIII. THE SENTENCING INSTRUCTIONS WERE ERRONEOUS IN THAT THEY FAILED TO INFORM THE JURY THAT THEY NEED NOT BE UNANIMOUS IN FINDING MITIGATING CIRCUMSTANCES.

XIV. THE TRIAL COURT ERRED IN FAILING TO HAVE THE COURT REPORTER TAKE DOWN THE ACTUAL JURY SELECTION PROCESS.

XV. THE TRIAL COURT ERRED IN ALLOWING THE DISTRICT ATTORNEY TO ASK PROSPECTIVE JURORS ABOUT THEIR ABILITY TO RETURN A DEATH SENTENCE GIVEN SPECIFIC FACTS.

XVI. THE TRIAL COURT ERRED IN ADMITTING A PHOTOGRAPH OF DAVIS' RIGHT ARM.

XVII. THE DEATH SENTENCE SHOULD BE VACATED AS IT IS DISPROPORTIONATE GIVEN THE CIRCUMSTANCES OF THE CRIME AND THE BACKGROUND OF THE DEFENDANT.

XVIII. THE CUMULATION OF ERROR IN THIS CASE DEMANDS REVERSAL.

After due consideration of all the assignments of error, the Court affirms Davis' conviction and sentence of death by lethal injection.

STATEMENT OF FACTS

On Friday, July 12, 1991, Sheriff Tommy Miller received a phone call at home from Jeffrey Davis. Davis identified himself to Sheriff Miller and told the Sheriff that he had killed Linda Hillman. Sheriff Miller had no prior notice of foul play at Linda Hillman's trailer located in Greene County, Mississippi. Sheriff Miller knew both Davis, the defendant, and Hillman, the victim. Davis told Miller to come and get him at his home. Miller went to Davis' home with Deputy Sheriff Henry Benjamin. When they arrived, Davis came out of his home carrying two bags of clothes. Davis began to tell his story to Sheriff Miller, but Sheriff Miller stopped him and read Davis his Miranda rights. Davis told Miller that he understood his rights and finished telling Miller his story.

Davis told Sheriff Miller the following: (1) that Davis went to Hillman's trailer early Investigator Fortenberry and Investigator Sumrall of the Mississippi Highway Patrol were called to handle the investigation. Evidence gathered at Hillman's trailer included unfired .22 caliber cartridges, fingerprints, hair samples collected from the victim's bed, syringes, a pipe, "roaches," a Marlboro box with white pills, and a straw with white powder. No money was found in Hillman's purse. Photographs of the crime scene were taken and later admitted into evidence at trial.

                Thursday morning, July 11, 1991;  (2) that he killed Hillman about 6:00 a.m.;  (3) that he had borrowed two hundred dollars from Hillman the previous Monday;  (4) that he knew she had more money;  (5) that he went there to rob Hillman in order to buy more drugs;  (6) that he killed her when she refused to give him more money;  (7) that after the killing he walked through a corn field, and (8) that he went to Pascagoula, Mississippi to buy more drugs.  Davis admitted stabbing Hillman with a knife.  Davis had the knife he had used to kill Hillman on him and gave the knife to Sheriff Miller.  Davis also told Miller the location of clothing and shoes that Davis had worn the morning of the murder.  Miller, accompanied by Davis, found the items submerged in separate creeks.  After retrieving these items, Miller and Benjamin took Davis to the sheriff's office and advised him again of his rights under the Constitution and required by Miranda.   Davis signed a waiver of rights form and retold the story to Sheriff Miller.  Sheriff Miller then went to Hillman's trailer where he found her lying dead on her bed.  Miller testified that the scene was secured and that nothing was moved to allow investigators to gather evidence.  Davis later confessed that he shot Hillman first and then stabbed her when she began screaming
                

Davis consented to a search of his house. Davis accompanied Sheriff Miller to his house and they were met there by the investigators. Evidence recovered from the defendant's house included: (1) a .22-caliber gun, (2) marijuana, and (3) a bloody shirt. Davis also consented to the search of his truck which revealed: (1) blood on the seat, (2) a "shooter's kit" for drug use with syringes and arm tie, and (3) a car jack with blood.

On Saturday, July 13, 1991, blood and urine samples were taken from Davis. Tests showed that Davis had used cocaine within one to three days of when the sample was taken.

An autopsy was performed on Hillman's body. No drugs were found. However, it was at this point that the police realized that Hillman had been shot and stabbed. The autopsy indicated the gunman was above and behind the victim. Testimony later established that Hillman could have moved about for fifteen to twenty minutes with the shooting injuries.

On cross-examination, Davis questioned Sam Howell, a drug expert, about cocaine psychoses. Howell testified that a cocaine psychosis occurs when a person ingests cocaine and, as a result, exhibits psychotic behavior. Mr. Howell stated that there was no way to determine if Davis was operating under delusional activity associated with a cocaine psychosis even with the knowledge of the cocaine levels indicated by the test results of Davis' blood.

Testimony proved that two hairs found in the trailer matched Davis' hair and that the pin markings on the unfired .22 cartridges matched Davis' gun. Foot casts taken from the field behind the victim's trailer were unsuitable for analysis.

Christine Davis, Davis' mother, testified regarding the background of Davis. Davis had a high school diploma and served in the military. Davis was also a friend of the victim. No expert testimony was presented.

DISCUSSION OF LAW ¹

PRE-TRIAL PHASE

VII. THE TRIAL COURT ERRED IN FAILING TO SUSTAIN DAVIS' MOTION TO QUASH THE JURY VENIRE.

Upon completion of voir dire by the State, Davis moved the court to consider a motion to quash the jury venire. Davis asserted that the venire should be quashed because the venire was impaneled for the week prior to that of his trial and was simply recalled to serve again. Davis stated that he was unaware of this fact until the State mentioned it, and added that he believed the State had requested a special venire.

The court expressed a preference for a new panel but denied the motion under the circumstances of this case. The trial court treated the jury as new because they had retaken the oath "as if they were a new jury." Later, Davis renewed his motion to quash the jury panel and proffered that the jury had in fact been present the previous week and that they had not been discharged, but rather, required to return the week of the Davis trial. Richard Byrd, the circuit clerk, explained that the procedure was a normal, local custom for this court and that none of the jurors who returned had actually served on any case the previous week. Byrd admitted that there had been a criminal and a civil case ready for the previous week; however, the defendant in the criminal case had pled guilty, and Byrd assumed that the civil suit had been settled. Byrd said that Davis had not moved for a special venire, therefore, none was called. Finally, Byrd testified that the State had requested a special venire but had withdrawn the request prior to trial. A copy of that motion is not found in the record, but Davis argues reliance anyway....