Burrell v. State
183 So. 3d 19
Miss.2015Background
- On Nov. 5, 2012, Charles ("Charlie") Jeter went to Bally’s Casino; Tyrone Burrell approached him, offered cigarettes for $1/carton, and enticed Charlie to the parking lot.
- Charlie followed Burrell to Burrell’s car; Charlie testified Burrell produced a gun, forced him into Charlie’s car, and demanded Charlie drive him to Memphis; Charlie was gone ~2 hours and returned shaken.
- Burrell admitted being in Charlie’s car and conceded he used a cigarette ruse to get a ride but denied having a gun or intending to kidnap; DNA from the passenger side matched Burrell.
- Burrell was indicted for kidnapping (Miss. Code §97-3-53) with enhancements for victim age, alleged firearm use, and as a habitual offender; jury convicted and trial court sentenced Burrell to 30 years without parole.
- Burrell appealed raising (1) improper method of selecting alternate jurors, (2) weight-of-evidence/new trial, (3) sufficiency of evidence for kidnapping, and (4) sentencing/habitual-offender documentation issues.
- The Court affirmed conviction and 30-year sentence, holding: jury could find forcible seizure/ confinement based on circumstantial evidence; juror-selection objection waived; certified prior-conviction records admissible and Bullcoming inapplicable to such records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury-alternate selection method | Judge abused discretion by drawing alternates from a cup in contravention of rule | Burrell failed to timely object at voir dire; judge’s method customary | Waived for failure to object; claim procedurally barred |
| Motion for new trial / weight of evidence | Verdict against overwhelming weight; trial court abused by denying new trial | Evidence (victim testimony, surveillance, DNA, witnesses) supports verdict | Denial affirmed; verdict not an unconscionable injustice |
| Sufficiency of evidence for kidnapping | Burrell argued only trickery, no force/gun; insufficient to prove forcible seizure | State: circumstantial and testimonial evidence support forcible seizure and confinement; intent not required | Conviction affirmed; evidence sufficient for forcible seizure/confine under §97-3-53 |
| Sentence & habitual-offender proof | Bullcoming requires live witness for forensic/authentication; prior-conviction records not admissible without certifier testimony | Certified records are self-authenticating and not "testimonial"; Bullcoming doesn’t apply to such records | Sentence within statutory limits; records admissible; 30-year sentence affirmed |
Key Cases Cited
- Vaughn v. State, 712 So.2d 721 (Miss. 1998) (failure to object to jury composition before empanelment waives claim)
- Myers v. State, 565 So.2d 554 (Miss. 1990) (timely objection principle for jury selection)
- Jones v. State, 154 So.3d 872 (Miss. 2014) (standard for disturbing verdict on weight of evidence)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (test for new trial based on weight of evidence)
- Milano v. State, 790 So.2d 179 (Miss. 2001) (kidnapping is not a specific-intent crime; surrounding circumstances can show kidnapping)
- Underwood v. State, 708 So.2d 18 (Miss. 1998) (circumstantial evidence suffices for kidnapping)
- Bullcoming v. New Mexico, 564 U.S. 647 (U.S. 2011) (forensic lab reports are testimonial; confrontation clause implications)
- Nelson v. State, 10 So.3d 898 (Miss. 2009) (sentencing beyond statutory maximum reversed where jury did not fix life sentence)
- Grubb v. State, 584 So.2d 786 (Miss. 1991) (sentence of life must be fixed by jury under kidnapping statute)