302 So.3d 682
Miss. Ct. App.2020Background:
- Dec. 24, 2017: Shooting at a Waffle House in Robinsonville — Jeremy Jones was killed; Ladarius Hibbler was shot and injured.
- Antonio "Mac-T" Jasper was indicted for first-degree murder, aggravated assault, and being a felon in possession of a firearm; tried April 3–5, 2019.
- State introduced Waffle House surveillance video; jury convicted Jasper of murder and felon-in-possession, deadlocked on aggravated-assault count.
- Post-trial affidavit (Sonya Dunn) alleged juror Sherrelle/Sharrelle Steele was Ladarius Hibbler’s first cousin and failed to disclose this relationship during voir dire.
- Trial court denied Jasper’s JNOV/ new-trial motion without an evidentiary hearing; Jasper appealed.
- Court of Appeals reversed and remanded for an evidentiary hearing on juror misconduct; held the surveillance-video complaint was procedurally barred.
Issues:
| Issue | Jasper's Argument | State's Argument | Held |
|---|---|---|---|
| Juror nondisclosure / juror competency | Juror Steele failed to disclose she was Ladarius’s first cousin, which withheld material information and prejudiced jury selection; requires new trial. | No presumed prejudice: jury hung on the related aggravated-assault count; trial court already addressed post-trial motion; State could have contested affidavit. | Reversed and remanded for an evidentiary hearing; trial court erred by not holding an inquiry—presumption of prejudice applies where a juror withheld material info that could have supported a challenge for cause. |
| Admissibility/authentication of surveillance video and lay narration | Video is non-continuous and cannot be properly authenticated or explained by a lay witness; should have been excluded. | Witness (Waffle House manager/officer) adequately authenticated; defense failed to preserve objection (did not obtain a definitive ruling / failed to raise in JNOV). | Procedurally barred on appeal (defense failed to preserve issue); court did not reach the merits. |
Key Cases Cited
- Odom v. State, 355 So. 2d 1381 (Miss. 1978) (explains voir dire duty: court must inquire when juror fails to answer relevant, direct, unambiguous question and assess prejudice)
- Merchant v. Forest Family Practice Clinic P.A., 67 So. 3d 747 (Miss. 2011) (presumes prejudice when juror withholds substantial information that would provide cause for challenge)
- Green v. State, 282 So. 3d 529 (Miss. Ct. App. 2019) (post-trial hearing can cure nondisclosure; factual finding on prejudice reviewed for abuse of discretion)
- Johnson v. State, 224 So. 3d 549 (Miss. Ct. App. 2017) (standards: abuse of discretion for jury issues; abuse of discretion for evidentiary rulings)
- Burroughs v. State, 767 So. 2d 246 (Miss. Ct. App. 2000) (presence of closely related juror who remained silent creates potential for prejudice)
- Skilling v. United States, 561 U.S. 368 (2010) (disfavor presuming prejudice when jury actions contradict such presumption)
- Walters v. State, 720 So. 2d 856 (Miss. 1998) (criminal defendants waive objections when a definitive ruling/corrective action is not obtained)