Cox v. State
183 So. 3d 36
| Miss. | 2016Background
- Defendant David Cox pleaded guilty to capital murder, kidnapping, sexual battery, burglary, and related counts after a 2010 hostage and assault incident in which he shot and killed his estranged wife Kim, held three children hostage, and sexually assaulted his stepdaughter L.K.; jury later sentenced him to death at a sentencing-phase trial.
- Prior incarceration and statements from Cox’s cellmates were admitted to show motive and plan: Cox blamed Kim and L.K. for earlier incarceration and had threatened to kill Kim.
- The State played a redacted videotaped forensic interview of the child-victim (L.K.) under the tender-years exception and also called L.K. live; Cox declined to cross-examine.
- The jury was instructed on seven statutory aggravators (including risk to many persons, commission of other felonies, and especially heinous/atrocious/cruel) and returned a unanimous death recommendation; trial court denied post-trial motions.
- On appeal Cox raised venue, evidentiary rulings (video, prior bad acts, photos, victim-impact), jury-selection/Batson claims, instruction errors, statutory/constitutional challenges to the death sentence, disproportionality/mental-health mitigation, and cumulative error; the Mississippi Supreme Court affirmed the convictions and sentences.
Issues
| Issue | Cox's Argument | State's Argument | Held |
|---|---|---|---|
| Change of venue | Publicity in small county and victims’ law-enforcement ties made fair trial impossible | No saturation/public passion shown; publicity was remote in time and rebutted by local testimony | Denied; trial court did not abuse discretion under heightened review |
| Admissibility of L.K. video/live testimony and prior-incarceration evidence | Video/live testimony was cumulative, inflammatory, and violated confrontation/Rule 403/404(b) | Video admissible under tender-years hearsay exception and probative for heinousness; limited prior-incarceration evidence admissible for motive/plan | Denied; video and limited prior-incarceration evidence admissible and not constitutionally defective |
| Crime-scene/autopsy photos & victim-impact testimony | Photographs and family testimony were unnecessary/prejudicial for sentencing | Photographs and victim testimony were probative of aggravators; Payne allows victim-impact at sentencing | Denied; photos and victim/fact witness testimony admissible for aggravation and not per se Eighth Amendment violation |
| Jury selection (Batson, impartiality, sequestration) | State used peremptories to strike all Black venire members; several jurors knew victims; sequestration breaches and family presence coerced jurors | State offered race-neutral reasons for strikes; most challenged jurors excused by agreement/for cause; short juror absence was consensual; no contemporaneous objections to family presence | Denied; trial court’s Batson rulings not clearly erroneous, no abuse re: impartiality or sequestration |
| Jury instructions & verdict form | Denied proposed mitigation/mercy instructions and argued verdict findings insufficient under §§ 99-19-101, 99-19-103 | Court followed Mississippi precedent on stacking aggravators and verdict sufficiency; jury given statutory options and findings | Denied; instructions and written findings adequate under state law and precedent |
| Constitutional challenges to death sentence (Apprendi/Ring/Enmund/Tison/lack of appellate review/lethal injection) | Aggravators not in indictment; statutory scheme violates Eighth/Sixth; method of execution cruel | Mississippi precedent rejects extension of Apprendi/Ring to indictment form here; Tison/Enmund arguments previously rejected; protocol passes Baze analysis | Denied; issues foreclosed by state precedent and lethal-injection protocol held constitutional |
| Disproportionality & mental-health mitigation | Long-term drug use/organic brain syndrome and psychiatric evidence make death disproportionate or barred by Atkins/Roper | Evidence conflicted; experts disputed malingering vs. illness; jurors considered mitigation but rejected it | Denied; record supports jury weighing and no extension of Atkins/Roper; not disproportionate |
| Cumulative error | Combined trial errors warrant reversal | No individual reversible errors, so cumulative error fails | Denied; no reversible errors found collectively |
Key Cases Cited
- Rideau v. Louisiana, 373 U.S. 723 (U.S. 1963) (televised confession can create pervasive prejudice requiring change of venue)
- Irvin v. Dowd, 366 U.S. 717 (U.S. 1961) (pretrial publicity may prevent impartial jury; jurors’ prejudice requires due-process relief)
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (peremptory strikes based on race violate Equal Protection)
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000) (facts increasing maximum penalty must be submitted to jury)
- Ring v. Arizona, 536 U.S. 584 (U.S. 2002) (jury must find aggravating factors that expose defendant to death)
- Payne v. Tennessee, 501 U.S. 808 (U.S. 1991) (victim-impact evidence admissible at capital sentencing)
- Tison v. Arizona, 481 U.S. 137 (U.S. 1987) (death penalty permissible for major participant showing reckless indifference)
- Baze v. Rees, 553 U.S. 35 (U.S. 2008) (standard for Eighth Amendment challenge to lethal-injection protocol)
- Gray v. State, 728 So.2d 36 (Miss. 1998) (change-of-venue standards and consideration of publicity)
- Balfour v. State, 598 So.2d 731 (Miss. 1992) (presence of uniformed law enforcement family members may create coercive courtroom atmosphere)