291 So.3d 738
Miss.2020Background
- On April 26, 2016, Collins PD conducted a safety checkpoint; Albert Stewart stopped in a pickup, interacted with officers, then drove off when an officer reached for his gun. A shot hit his left rear tire. A high‑speed pursuit followed and Stewart was later arrested ~2.5 miles away after his rear tire fell off.
- Officers observed and later found white, powder/rock‑like substances inside Stewart’s truck; Officer McDonald collected the material into a white Styrofoam cup and later placed it in an evidence bag; lab testing identified the substance as cocaine.
- Law‑enforcement video evidence included three body‑cam clips from Officer McDonald (one long, two short snippets produced eight days before trial), Officer Banks’s body‑cam, and Officer Barnes’s dash cam; defense claimed missing/edited portions and sought native files and more time to examine them.
- Stewart was indicted for felony fleeing and cocaine possession; a jury convicted him and the trial court imposed consecutive five‑ and three‑year terms.
- On appeal Stewart raised multiple claims including a Batson challenge to denial of a peremptory strike, Brady/Giglio arguments over withheld video, improper use of a Wikipedia printout, chain‑of‑custody challenges to drug evidence, denial of continuance, admission of officer statements in videos, and legality of the checkpoint.
Issues
| Issue | Stewart's Argument | State's Argument | Held |
|---|---|---|---|
| Denial of peremptory strike of Juror 15 (Batson) | Strike was race‑neutral (teacher/spouse occupation); he had limited strikes and wanted to avoid certain jurors | Pattern showed strikes targeted white teachers; trial court found pretext | Court affirmed: trial court did not clearly err denying the strike (Batson not shown) |
| Denial of motion to compel native video files / Brady/Giglio | Missing/edited body‑cam snippets might contain exculpatory evidence; late production prevented expert review | State produced long videos >1 year earlier; missing snippets not material to fleeing or possession; no specific exculpatory content alleged | Affirmed: defendant failed to show materiality; Brady/Giglio not satisfied |
| Prosecutor reading Wikipedia on cross‑examination / improper argument | Use of internet printout and prosecutor’s statements prejudiced Stewart and denied fair trial | Statements were improper but harmless; defendant did not object timely or request curative relief | Harmless error: bench admonition and jury instruction covered it; failure to contemporaneously object forfeited claim on appeal |
| Admission of drug evidence (chain of custody) | Evidence initially placed in Styrofoam cup violated procedure and broke chain of custody | Officer testified he secured, bagged, labeled, and delivered evidence to lab; no sign of tampering | Affirmed: presumption of regularity; defendant did not prove break in chain |
| Denial of continuance after late video production | Needed time to hire experts to analyze videos/metadata; late disclosure prejudiced defense | Motion filed two days before trial; long video versions were available earlier; snippets did not change defense | Affirmed: denial not an abuse of discretion; no manifest injustice shown |
| Admission of videos containing officers’ speculative statements | Officer speculation calling Stewart a drug dealer was prejudicial hearsay; should be redacted | Motion in limine was filed too late; videos available >1 year; trial court offered limiting instruction | Affirmed: trial court did not abuse discretion given lateness of motion and defense strategy; no limiting instruction was requested |
| Constitutionality of checkpoint (suppression) | Roadblock was illegal; State failed to prove purpose and procedures | Officers testified checkpoint was a safety/license/tag check and stopped every vehicle; prior video showed checkpoint | Affirmed: checkpoint constitutional under Mississippi precedent; suppression properly denied |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (peremptory strikes may not be used for race‑based exclusion)
- Brady v. Maryland, 373 U.S. 83 (prosecutor must disclose materially exculpatory evidence)
- Giglio v. United States, 405 U.S. 150 (nondisclosure of promises to witnesses that affect credibility requires new trial if material)
- McLendon v. State, 945 So. 2d 372 (Miss. 2006) (upholding license/insurance checkpoint constitutionality)
- Portis v. State, 245 So. 3d 457 (chain‑of‑custody requires defendant to produce evidence of probable tampering)