Bailey v. State
78 So. 3d 308
| Miss. | 2012Background
- Deric Bailey murdered Thomas Ryan Evans in Jackson, Mississippi, on Oct. 24, 2001.
- Bailey was convicted of deliberate-design murder at trial in 2004; reversed on appeal and remanded for new trial.
- At the 2009 retrial Bailey was again convicted of deliberate-design murder and sentenced to life.
- Evidence at retrial included eyewitness statements, Donnerson’s evolving account, and Bailey’s post-arrest statement excluded as self-serving; Pickens invoked Fifth Amendment during trial.
- Bailey argued multiple trial errors including jury instructions, exclusion of his arrest statement, Batson challenges, speedy-trial issues, and denial of a fair trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Correctness of jury instructions on self-defense and lesser offenses | Bailey asserts D-6 and D-8 should have been given | State contends no basis in evidence for self-defense/manslaughter instructions | Instruction denial upheld; no evidentiary foundation for self-defense or manslaughter instructions |
| Exclusion of Bailey’s post-arrest statement | Statement exculpates Bailey and should be admitted | Statement is hearsay and self-serving; rule 804(b)(3) applies | Statement inadmissible under 804(b)(3) as against interest faced by declarant; Rule 402 governs admissibility not self-serving label |
| Batson challenges to jury selection | State discriminated against African-American jurors; reverse Batson issue too | Trial court properly evaluated prima facie case and race-neutral reasons | Trial court findings affirmed; no reversible Batson error |
| Speedy-trial rights in retrial | Delay violated Barker factors; prejudice presumed | Delay not shown to prejudice Bailey or warrant dismissal | Most Barker factors favor State; no reversal; no speedy-trial violation found |
| Fair trial/impartial judge due to conflicts | Defense conflicts not cured; judge biased against defense | Courts properly managed conflicts by appointing separate counsel; judge impartial | No reversible error; trial judge presumed impartial |
Key Cases Cited
- Phillips v. State, 794 So.2d 1034 (Miss. 2001) (foundation required for lesser offense instructions; not warranted here)
- Flowers v. State, 51 So.3d 911 (Miss. 2011) (defense of necessity instruction warranted by record)
- Williams v. State, 53 So.3d 734 (Miss. 2010) (assisted-suicide instruction warranted by evidence)
- Banyard v. State, 47 So.3d 676 (Miss. 2010) (duress instruction supported by evidence)
- Kiker v. State, 55 So.3d 1060 (Miss. 2011) (conflict of interest issues on witness representation; cure discussed)