Bobby Batiste a/k/a Bobby L. Batiste a/k/a Bobby L. Batiste, Jr. a/k/a Bobby Lionel Batiste, Jr. a/k/a Bobby Lionel Batiste v. State of Mississippi, 337 So.3d 1013

Bobby Batiste was convicted of capital murder and sentenced to death; this Court previously affirmed and later granted leave to file a post-conviction relief (PCR) petition to investigate alleged communications between bailiffs/others and jurors.
Jurors Denise Cranford and Webster Rowan executed affidavits claiming (1) bailiffs explained an all‑white jury by saying black people are less likely to consider the death penalty, and (2) Cranford alleged a conversation with Judge Kitchens during trial about her sister‑in‑law’s death.
At an in‑chambers conference the trial judge questioned the accuracy of Cranford’s affidavit and expressed that, if the conversation occurred off‑the‑record during trial, he would be obliged to recuse. Batiste moved to recuse; the motion was denied.
The circuit court held evidentiary hearings, excluded juror affidavits obtained without following Gladney, found no competent evidence that court personnel made the alleged bailiff comments during trial, and denied the PCR on the merits.
This Court remanded limitedly for the judge to clarify whether the judge–juror conversation occurred during trial and on/off the record; on remand Cranford testified the judge’s contact occurred after the verdict while jurors awaited a bus. The Supreme Court affirmed denial of recusal and the PCR.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Judge Kitchens should have recused for relying on his own recollection when assessing a juror affidavit	Batiste: judge became a witness by using his memory to impeach Cranford and thus must recuse	State: judge’s inquiry was proper; speculation a judge might be a witness is insufficient; presumption of impartiality	Court: no manifest abuse of discretion; conversation occurred after trial and remand resolved ambiguity; denial of recusal affirmed
Admissibility of juror affidavits obtained post‑verdict without following Gladney procedure	Batiste: affidavits support claim of extraneous influence and merit consideration	State: affidavits were improperly obtained and unreliable; Gladney procedures were not followed	Court: trial court acted within discretion to exclude evidence obtained in violation of Gladney; exclusion not an abuse of discretion
Whether bailiff/juror communications violated Sixth Amendment right to impartial jury	Batiste: bailiff’s alleged statement that "black people will not consider the death penalty" was presumptively prejudicial and could have affected split penalty deliberations	State: no competent evidence that bailiffs made those statements during trial; jurors’ internal discussion did not show overt racial animus	Court: circuit court’s credibility findings not clearly erroneous; no proof of extraneous influence by court personnel and no overt racial bias shown; PCR denied on merits

Batiste v. State, 184 So. 3d 290 (Miss. 2016) (authorized PCR hearing to investigate alleged bailiff/juror communications)
Gladney v. Clarksdale Beverage Co., 625 So. 2d 407 (Miss. 1993) (procedural framework and limitations for post‑verdict juror inquiry)
Peña‑Rodriguez v. Colorado, 137 S. Ct. 855 (2017) (race‑based juror statements may overcome no‑impeachment rule when they show overt racial bias affecting deliberations)
Tanner v. United States, 483 U.S. 107 (1987) (distinction between internal juror influences and external influences that may justify inquiry)
Bardwell v. Bardwell (In re Conservatorship of Bardwell), 849 So. 2d 1240 (Miss. 2003) (recusal not required merely because judge previously had involvement that informed later proceedings)
Horn v. State, 62 So. 2d 560 (Miss. 1953) (bailiff’s misinformation to jurors about punishment can be prejudicial and may require reversal)