Anthony Murry v. State of Mississippi
2017 Miss. App. LEXIS 216
| Miss. Ct. App. | 2017Background
- Anthony Murry was convicted by a Hinds County jury of aggravated assault for shooting Marquavious Brent; sentenced to 15 years (10 to serve, 5 suspended) and 5 years supervised probation.
- During trial a juror, Dennis Harris, exchanged phone numbers and subsequent romantic/sexual text messages and photos with Murry’s fiancée, Laronda Brooks.
- Brooks testified Harris told her he thought Murry was innocent; Harris denied saying that but admitted the contacts and sending suggestive messages/pictures after the verdict.
- Brooks informed defense counsel (disputed as to timing); Harris did not disclose the contact to the court as instructed and only revealed it at a post-trial hearing.
- The trial court held an evidentiary hearing, found improper contact occurred, but denied a new trial, concluding it was not "reasonably possible" the communication altered the verdict because only one juror was exposed and eleven jurors still voted guilty.
- The appellate majority reversed, holding the trial court misapplied the controlling legal standard and that it was reasonably possible the improper communication could have altered the verdict; case remanded for a new trial.
Issues
| Issue | Murry's Argument | State's Argument | Held |
|---|---|---|---|
| Whether juror misconduct (improper contact with defendant’s fiancée) requires new trial | Harris’s romantic contact with Brooks created motive and extraneous influence; reasonably possible it altered the verdict | The contact did not affect deliberations; only one juror exposed and other jurors convicted, so no reasonable possibility of altered verdict | Reversed: trial court misapplied standard; reasonable possibility verdict could be altered — new trial ordered |
| Whether trial court abused discretion in denying new-trial motion | Trial court applied wrong focus (timing/credibility) instead of asking whether communication could reasonably have altered verdict | Trial court relied on credibility and timing to conclude no impact on verdict | Reversed: appellate court finds abuse of discretion in misapplication of precedent |
| Whether post-trial investigation and hearing procedures were proper | Court should investigate when good cause exists and then decide if communication occurred and if it could have altered verdict | State contended hearing and findings supported denial | Appellate court agreed investigation occurred but held trial court erred in ultimate legal analysis |
| Whether other assigned errors (discovery, jury instructions, weight of evidence) required relief | Raised on appeal but secondary to juror misconduct claim | State defended convictions on merits | Appellate court did not address these claims as juror-misconduct ruling was dispositive |
Key Cases Cited
- Roach v. State, 116 So.3d 126 (Miss. 2013) (sets procedure: investigate when good cause exists and, if communication occurred, determine whether it was reasonably possible the communication altered the verdict)
- Gladney v. Clarksdale Beverage Co., 625 So.2d 407 (Miss. 1993) (establishes threshold for investigating extraneous influences on jury)
- Dependable Abrasives Inc. v. Pierce, 156 So.3d 891 (Miss. 2015) (standard of review: abuse of discretion for trial court denials)
- Wallace v. State, 166 So.3d 520 (Miss. Ct. App. 2014) (reviews trial court’s decision on whether communication could have influenced a juror for abuse of discretion)
- James v. State, 912 So.2d 940 (Miss. 2005) (reminds that constitutional right to trial by impartial jury requires remedy when jury impartiality tainted)