James v. State
| Decision Date | 08 September 2005 |
| Docket Number | No. 96-CT-01058-SCT.,96-CT-01058-SCT. |
| Citation | 912 So.2d 940 |
| Parties | Dayon JAMES a/k/a Dayon Hasan James, Sr. a/k/a Dayon Hasan-Nevada James v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Joseph P. Hudson, Gulfport, James Donald Evans, attorneys for appellant.
Office of the Attorney General by Billy L. Gore, attorney for appellee.
EN BANC.
ON WRIT OF CERTIORARI
GRAVES, Justice, for the Court.
¶ 1. In July 1996, Dayon James was convicted of capital murder and sentenced to life in prison. James appealed, and the appeal was assigned to the Court of Appeals which reversed the judgment of the trial court and remanded the matter for further proceedings. The State of Mississippi filed a motion for rehearing. The Court of Appeals denied the State's motion for rehearing, withdrew the opinion, and substituted its modified opinion. The Court of Appeals found that a hearing was required to determine whether jurors were exposed to extraneous information and remanded the case to the trial court. James v. State, 777 So.2d 682 (Miss.Ct.App.2000) (James I). The State and James each filed petitions for writ of certiorari, which were denied by this Court.
¶ 2. On remand the trial court conducted a hearing to determine if the jurors were exposed to extraneous information. Following testimony by the jurors who appeared, the trial court ruled that the verdict should not be impeached. The Court of Appeals affirmed the trial court's judgment and denied James' motion for rehearing on November 23, 2004. James v. State, 912 So.2d 982, 2004 WL 1965662 (Miss.Ct.App.2004) (James II). We granted James' petition for writ of certiorari. James v. State, 896 So.2d 373 (Miss.2005). We find that the jury considered extraneous prejudicial information and James did not receive a fair trial. We also find that the failure to fully reconvene the jury constituted reversible error. We reverse the judgments of the Court of Appeals and the Harrison County Circuit Court, and we remand this case for a new trial consistent with this opinion.
FACTS AND PROCEDURAL HISTORY
¶ 3. A discussion of the testimony and evidence from the trial in this matter may be found in James I.1 We will only address those facts necessary for us to decide the issues raised in the petition for writ of certiorari.
¶ 4. In December 1995, James was charged in count I of a multiple count indictment for the murder of Shanekque Keyes. Under count II of the indictment, James was also charged for the murder of one of Shanekque's older brothers, Alonso Smith. During pre-trial motions, the trial court granted the defense's motion to sever the counts and the State elected to try Shanekque's case first. Because the counts were severed, there is very little information in the record regarding Alonso. Great efforts were taken to make sure that no one mentioned any alleged injuries to Alonso in the presence of the jury. From pre-trial motions, post-trial motions, and testimony given outside the presence of the jury, it appears that the State alleges that Alonso was injured by James on or about June 7, 1995. At some point, Alonso was admitted to a hospital and died on or about June 10, 1995. On September 30, 1996, the trial court entered an order which suspended the trial of count II pending the disposition of James' appeal regarding count I.
¶ 5. Jury selection began on July 8, 1996. During voir dire by the trial court, the venire was asked if anyone had personal knowledge of the case or if they had read or heard anything about the case.2 Many of the potential jurors knew of the case and several had formed opinions regarding James' guilt. Nettie Pettis and Susan John, who were seated on the jury, admitted to hearing about the case in the media. They both stated that they did not remember any details, had not formed any opinions, could put aside what they had heard, and decide the case based on the evidence. Carolyn Owens, who was chosen as an alternate juror, responded similarly. More importantly, however, jurors Rickman, Huntoon, Hoff, Hertzog, Plitt, King, Fazzio, Watson, Hudgeons, Jordan, and alternate juror Podlin did not respond to this group of questions. It can be inferred, therefore, that as of voir dire, they had not heard of the case. The trial judge concluded his voir dire and the court recessed for lunch before the attorneys began their voir dire. The trial court instructed the potential jurors as follows,3
[L]et me caution you about this now. At this point in time you have heard the name of the accused. Some of you have indicated that you have heard something about this case or read something about this case. It would be highly improper for you to discuss anything with your fellow jurors during the recess as to what you know. If you've noted that one of your fellow jurors has read something about the case, it would be improper for you to inquire of that juror what they've heard about it. So do not discuss this case.... Do not read the newspaper. Don't listen to the radio or go watch TV during the noon hour because this is very critical that you keep an open mind, ... that you be uncontaminated with any outside influences from this point on because it is very important that you do so.
Once the jurors were excused, the trial court asked the attorneys to avoid asking the questions he had already covered. Voir dire resumed when the jurors returned from lunch. Pursuant to the trial court's instruction, neither the State, nor the Defense, asked additional questions regarding whether anyone had heard about the case.
¶ 6. Once voir dire of the entire venire was completed, the trial court sent the venire into another courtroom to wait while the court and the attorneys conducted individual voir dire. Individual voir dire took several hours. Only one of the jurors actually selected for the trial was questioned during individual voir dire, and he was only questioned regarding his views of the death penalty. Voir dire was finished late on the evening of July 9th and the trial began on July 10th. The State's case against James was based entirely on circumstantial evidence. The jury returned with a verdict finding James guilty of capital murder and sentenced James to life in prison.
¶ 7. A day after the trial, defense counsel was contacted with information regarding the jury's exposure to extraneous prejudicial information. They immediately filed a Notice of Jury Exposure to Extraneous Information. A hearing was held on August 14, 1996, and Wanda Conway, a member of the venire, was called to testify. Conway explained that on July 9, 1996, she went to lunch with another prospective juror and Juror Shawn Watson. The trial court recessed for lunch after the trial court had questioned the venire about knowledge of the case. Contrary to the trial court's instructions, the women discussed the case for approximately ten minutes during their lunch. Watson stated that she did not remember the case at all. The other women discussed what they had heard in the media, including that James was accused of murdering another child. When lunch was over, the venire was not questioned again as a group regarding their knowledge of the case. Since Watson had not responded during voir dire, she was not on the list for questioning during individual voir dire.
¶ 8. Conway also testified that later that afternoon the entire group was sent to sit in another courtroom. They waited there while the trial court and attorneys were conducting individual voir dire, which took several hours. Conway testified that she heard many members of the venire discussing the case and that there were two children involved. She overheard a woman tell a man, who was ultimately selected as a juror, that James was accused of killing two young children.4
¶ 9. Conway testified that she spoke to Watson the day after the trial ended. Watson told her that she had doubts about James' guilt and thought the mother should be investigated. Watson complained that some members of the jury knew about the second child and kept bringing it up in the jury room. Watson told Conway that several jurors argued that James was guilty because "it was two children." Watson asked Conway if she had seen the docket sheet posted outside the courtroom during jury selection.5 Neither Watson nor Conway noticed it. Watson told Conway that several of the jurors who saw the docket sheet discussed it in the jury room and stated that it indicated that James was charged with something else. Watson said the docket sheet said "one of two, or first case, or something like that."
¶ 10. At the conclusion of Conway's testimony, the Defense moved that the trial court conduct further investigation into the jury's exposure to extraneous information, pursuant to Gladney v. Clarksdale Beverage Co., 625 So.2d 407 (Miss.1993). Defense counsel requested that the trial court bring the jurors in to be examined. After arguments from both sides, the trial court ruled that there had not been a threshold showing that further inquiry was necessary under Gladney, and he denied the motion. The trial court later denied James' other post-trial motions and James filed a notice of appeal.
¶ 11. The appeal was assigned to the Court of Appeals. On appeal, James raised seventeen issues. On April 11, 2000, the Court of Appeals issued an opinion which reversed the trial court and remanded the matter for further proceedings. The Court of Appeals held that the trial court committed reversible error when it refused "to poll the jury regarding the allegation of the jury's consideration of extraneous information." James v. State, April 11, 2000 Court of Appeals opinion p. 3, ¶ 1. The Court of Appeals instructed the "trial court to hold a hearing for the purpose of determining whether extraneous prejudicial information was introduced into the jury's deliberations concerning the death of the other child." Id. at p. 28, ¶ 60. The Court of Appeals found all other assignments of...
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