75 So. 3d 573
Miss. Ct. App.2011Background
- Brown was convicted of capital murder in Harrison County Circuit Court and sentenced to life in the MDOC.
- On appeal Brown raises three issues: juror bias, post-Miranda silence comment, and aiding-and-abetting instruction error.
- Facts show a planned robbery of Tavaris Turner’s cash; Brown and others followed Tavaris’s residence and firearms were used during the robbery.
- During trial, juror misconduct was reported; the court conducted individual juror interviews and removed two jurors while replacing them with alternates.
- The court ultimately affirmed the conviction, finding no reversible error in the proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Juror misconduct and mistrial | Brown | Brown | No reversible error; proper juror replacement cured prejudice |
| Cross-examination on post-arrest silence | Brown | Brown | No due-process violation; questioning not prejudicial |
| Aiding-and-abetting instruction giving broader guilt | Brown | Brown | Harmless error; read with other instructions |
Key Cases Cited
- Gladney v. Clarksdale Beverage Co., 625 So.2d 407 (Miss. 1993) (juror-impartiality investigation required when misconduct alleged)
- Reed v. State, 764 So.2d 511 (Miss. Ct. App. 2000) (mistrial standard: harm must render fair trial unlikely)
- McGrone v. State, 807 So.2d 1232 (Miss. 2002) (cross-examination on post-arrest silence allowed; due-process not violated)
- Fletcher v. Weir, 455 U.S. 603 (U.S. 1982) (post-arrest silence cross-examination under Miranda context)
- Berry v. State, 728 So.2d 568 (Miss. 1999) (plain-error when aiding-and-abetting instruction improperly broad)
- Hornburger v. State, 650 So.2d 510 (Miss. 1995) (aid-and-abet instruction reading with other instructions harmless error)