167 So. 3d 252
Miss. Ct. App.2015Background
- Donald Williams Jr., a registered sex offender who moved from out of state, re-registered with Mississippi DPS on July 2, 2012 listing 999 Cooper Road, Picayune (Pearl River County) as his residence.
- Evidence showed Williams actually stayed in Clinton, Mississippi (Clinton Inn Motel) in September 2012 and did not notify DPS of the change of address as required by statute.
- Williams was investigated after Clinton authorities reported the discrepancy; Pearl River investigators confirmed Williams had resided at the Picayune hotel only from July 2 to July 27, 2012, and that DPS received no notice of any subsequent address change.
- A jury convicted Williams (October 17, 2013) of failing to register as a sex offender; the court later sentenced him as a habitual offender to life imprisonment under Mississippi law.
- On appeal Williams argued (1) double jeopardy (he had a prior 2009 Marion County prosecution for failure to register that was nolle prossed) and (2) denial of his right to call witnesses (subpoena issues regarding Picayune police officers allegedly involved in his eviction).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy based on 2009 Marion County prosecution | Williams: prior 2009 prosecution for failure to register bars later prosecution for July 2012 conduct | State: 2009 matter was factually distinct, dismissed without prejudice (nolle prosequi), and did not bar prosecution for separate 2012 offense | Court: No double jeopardy; offenses occurred on different dates, in different counties, arising from different facts; nolle prosequi permitted reindictment |
| Denial of right to call witnesses / subpoena power | Williams: trial court improperly limited subpoenas and prevented him from calling Detective(s) he claimed evicted him from the hotel (due process violation) | State: subpoenas were overbroad and untimely; trial court properly exercised discretion | Court: No abuse of discretion; defendant has no absolute right to subpoena anyone; subpoenas limiting broad/ambiguous requests was proper |
Key Cases Cited
- Foreman v. State, 51 So. 3d 957 (Miss. 2011) (standard of review for double jeopardy questions)
- Blockburger v. United States, 284 U.S. 299 (U.S. 1932) (test for whether two statutory offenses are the same for double jeopardy purposes)
- Powell v. State, 806 So. 2d 1069 (Miss. 2001) (double jeopardy categories described)
- Whitten v. Cox, 799 So. 2d 1 (Miss. 2000) (abuse-of-discretion standard for evidentiary rulings)
- Patton v. State, 109 So. 3d 66 (Miss. 2012) (no constitutional right to subpoena anyone the defendant pleases; witness must be relevant and show colorable need)
- Deeds v. State, 27 So. 3d 1135 (Miss. 2009) (jeopardy attaches when jury is empaneled or sworn)