Jenkins v. State, 89-DP-1293

• Decision Date: 10 September 1992
• Docket Number: No. 89-DP-1293,89-DP-1293
• Citation: 607 So.2d 1171
• Parties: William Wayne JENKINS v. STATE of Mississippi.
• Court: Mississippi Supreme Court

Page 1171

607 So.2d 1171

William Wayne JENKINS v. STATE of Mississippi.

No. 89-DP-1293.

Supreme Court of Mississippi.

Sept. 10, 1992.

Paul R. Scott, Wilroy Scott & Rutherford, Hernando, 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:

William Wayne Jenkins was tried and convicted in the Circuit Court of DeSoto County, Mississippi, for the capital murder of Dawn Jones. He was sentenced to death. From his conviction and sentence he appeals to this Court assigning numerous errors. Finding reversible error at both phases of the lower court proceeding, we reverse and remand for a new trial.

THE FACTS

During the afternoon of December 5, 1988, Leroy Jones was at his place of business when he received a telephone call from his young son relating that the family's mobile home was locked and that he was unable to get inside. Mr. Jones, being concerned, left his business and arrived at home finding the family residence in disarray and his wife on the bedroom floor with her throat severed. Leroy Jones immediately called the DeSoto County Sheriff's Department.

A few hours into the homicide investigation, William Wayne Jenkins became a suspect in the murder of Dawn Jones. Investigators learned that Ms. Jones had been on the telephone with her mother when she stated that she needed to answer the door because "Billy" was there. William Wayne "Billy" Jenkins was arrested by the DeSoto County Sheriff's Department at approximately 8:00 p.m. on December 5, 1988.

When initially interrogated by police, Billy Jenkins stated that he received a knife wound to his hand during an attempted robbery in Memphis earlier that morning. He said that he was at a gas station when a large white male approached him for his wallet. Jenkins stated that after refusing to surrender his money, he was stabbed by the man who fled on foot. Jenkins informed the interrogating officers that he had filed a police report with the Germantown Police Department at approximately 10:30 a.m.

After investigators had a more complete picture of the crime, Billy Jenkins was again interrogated by officers of the DeSoto County Sheriff's Department and the Mississippi Highway Patrol. During this interrogation, Jenkins gave police a signed confession to the killing of Dawn Jones. Jenkins stated that on the morning of December 5, 1988, he went to the home of Ms. Jones to continue the sexual relationship ongoing between the couple. He stated that once inside the Jones' trailer, Dawn began to resist his advances towards her. Billy Jenkins related that he grabbed Jones and began to carry her to the rear bedroom Based upon this confession, William Wayne Jenkins was indicted by the Grand Jury of DeSoto County for the capital murder of Dawn Jones; his trial date was set and numerous pre-trial motions were entertained by the circuit court. Among these motions was a Motion to Suppress the statement taken on December 6, 1988. At the suppression hearing, held on September 20, 1989, Officers Bud Smith and Creekmore Wright testified for the State, while Jenkins himself testified for the defense. Judge Carlson, after receiving the evidence presented, denied Jenkins' Motion to Suppress.

when she picked up a butcher knife and stabbed him in the left hand. Jenkins said that he went crazy, found a second knife and chased Jones into the bedroom where they fought with the knives. Jenkins informed his interrogators that he remembered cutting Dawn Jones' throat and that he then rummaged through the bedroom in search of cocaine. Finding none, Billy Jenkins locked the door of the mobile home and left.

On September 26, 1989, Billy Jenkins was tried in the Circuit Court of DeSoto County for the capital murder of Dawn Jones. During Jenkins' trial, the State introduced evidence to establish that Billy Jenkins was not sexually involved with Dawn Jones but, rather, that he went to the Jones' mobile home for the specific purpose of committing a robbery therein. Leroy Jones, one of the State's key witnesses, testified that a tool box containing silver coins, a pistol, and various tools was stolen from the bedroom closet of his home. Further, Mr. Jones informed the jury that $60.00 was taken from a small lock-box located inside of the filing cabinet in his bedroom. This testimony was supported by photographic evidence recording the bloody filing cabinet and blood-stained lock box.

Moreover, an employee of the State Crime Lab testified that the blood recovered from the scene of the crime matched that of Billy Jenkins. Kathy Brock informed the jury that the blood found in the bedroom of the mobile home and the blood sample drawn from Billy Jenkins were both blood type O, PGM type 21. Next, molecular biologist George Herrin testified that his company, Cellmark Diagnostics, Inc., had matched the DNA banding patterns of the blood stains recovered at the crime scene with the known DNA patterns of Billy Jenkins. He stated that the chance for error in this match was only one in 480,000.

At the conclusion of the guilt phase, the jury found Jenkins guilty of capital murder. In due course, the trial entered the penalty phase and, in the end, the jury found that Jenkins should suffer the death penalty. This appeal followed.

GUILT PHASE

I. Preliminary Hearing

Rules 1.04 and 1.07 of the Miss.Unif.Crim.R. of Cir.Ct.Prac. contain an accused's right to a preliminary hearing. In relevant part, Rule 1.04 states:

The judicial officer shall inform the defendant of his right to a preliminary hearing, and a date for such hearing shall be set within a reasonable time. The preliminary hearing shall be heard on the set date, unless it is waived in writing or in open court and upon the advice of counsel.

Rule 1.07 provides the manner in which the preliminary hearing must be held. It states that "[t]he preliminary hearing shall be heard by a judicial officer on the date set for such hearing at the defendant's initial appearance." This Court has held that these rules mean what they say "nothing more, nothing less." Hansen v. State, 592 So.2d 114, 122 (Miss.1991) cert. denied, --- U.S. ----, 112 S.Ct. 1970, 118 L.Ed.2d 570 (1992).

Jenkins is correct in asserting that he was entitled to a preliminary hearing under Rules 1.04 and 1.07 of the Uniform Criminal Rules of Circuit Court Practice. The failure to require such a hearing, however, will not result in reversible error unless Jenkins can show prejudice below. See Willie v. State, 585 So.2d 660, 670 In today's case, Jenkins says he was prejudiced by the lack of a preliminary hearing because he was unable to question witnesses Kathy Brock and Dr. George Herrin, Jr., concerning their intended testimony at trial. We disagree. Billy Jenkins was indeed prejudiced when the lower court allowed these witnesses to testify in violation of our rules of discovery. Appellant was not, however, prejudiced by the trial court's failure to grant a preliminary hearing when Jenkins had the benefit of several pre-trial hearings as well as the grand jury process leading to his indictment. Our review of the record suggests that the appellant was afforded all, or substantially all, of the benefits he would have expected at a preliminary hearing. As such, we find that the violation of Jenkins' right to a preliminary hearing was harmless.

(Miss.1991); Avery v. State, 555 So.2d 1039, 1043 (Miss.1990).

II. Admissibility of Confession

During the early morning hours of December 6, 1988, Billy Jenkins gave a written confession implicating himself in the murder of Dawn Jones. On appeal to this Court, Jenkins asserts that this confession was not voluntarily given because he was physically coerced by interrogating officers and, further, because he was under the influence of various narcotics at the time of his recorded statement. Our review of appellant's claim is limited and we will not reverse the ruling of the trial court unless it was manifestly erroneous or against the overwhelming weight of the evidence. Davis v. State, 551 So.2d 165, 169 (Miss.1989), cert. denied, 494 U.S. 1074, 110 S.Ct. 1796, 108 L.Ed.2d 797 (1990).

The admission of a drug-induced confession would clearly violate a defendant's right against self-incrimination guaranteed by the U.S. Constitution and the Mississippi Constitution. See Malloy v. Hogan, 378 U.S. 1, 8, 84 S.Ct. 1489, 1493, 12 L.Ed.2d 653, 659 (1964). The admission of a confession that was the product of physical or psychological coercion would likewise be inadmissible as a violation of appellant's rights. See Powell v. State, 483 So.2d 363, 368 (Miss.1986). Nevertheless, our review of the record below suggests that the lower court was clearly within its discretion, and thus not manifestly in error, when it found Jenkins' statement to be voluntary beyond a reasonable doubt. Officers Smith and Wright testified that Billy Jenkins was alert and "straight" at the time of his confession. Jenkins himself confessed to being competent and uncoerced at the time of his recorded statement. Therefore, we must conclude that Judge Carlson did not err when admitting Jenkins' confession below. This assignment of error lacks merit.

III. The Admission of Photographs and the Use of a Slide Projector

Billy Jenkins asserts that the trial court erred by admitting the photographic evidence offered by the State and, further, by allowing the State to use a slide projector to present this inflammatory evidence to the jury. We disagree.

First, this Court has consistently held that the admissibility of photographic evidence rests within the sound discretion of the trial judge. The lower court's ruling will be upheld on appeal unless abuse of discretion can be shown. Ladner v. State, 584 So.2d 743, 753-54 (Miss.), cert. denied, --- U.S. ----, 112 S.Ct. 663, 116 L.Ed.2d 754 (1991); Mackbee v. State, 575 So.2d 16, 31 (Miss.1990). "[P]...