Flowers v. State
144 So. 3d 188
| Miss. Ct. App. | 2014Background
- On Sept. 18, 2008 two masked men robbed Super D pharmacy in Pearl, MS; a third man identified as the alleged getaway driver/lookout was later identified as Kenneth Flowers.
- Two accomplices, George and Antwaine Jones, were arrested at the scene with a damaged 9mm and other items; both later pled guilty and testified against Flowers.
- Eyewitnesses saw a dark pickup parked at the store and a man leave a nearby restaurant toward the store; no usable fingerprints were recovered from the truck.
- Photo lineups identified Flowers as âKâ; George and Antwaine implicated Flowers as planner/getaway driver. Flowers presented alibi witnesses (girlfriend and father).
- Jury convicted Flowers of two counts of armed robbery; he received concurrent 26-year sentences. He appealed challenging a jury instruction on deadly weapon, sufficiency/weight of evidence (reliance on accomplice testimony), alleged coerced accomplice testimony, Batson strikes, confrontation rights re: FBI photo lineup, and ineffective assistance for not calling a surrender-witness attorney.
- The court affirmed: upheld the deadly-weapon instruction, found the verdict supported by eyewitness and accomplice testimony, rejected Batson and confrontation claims, and declined to find deficient counsel on the record.
Issues
| Issue | Plaintiff's Argument (Flowers) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Validity of deadly-weapon jury instruction (S-8) | The pistol was inoperable/poor condition; whether it was a "deadly weapon" should be a jury question. | A pistol is a deadly weapon as a matter of law; operability need not be proven. | Instruction proper; pistol is a deadly weapon without proof it was loaded or operable. |
| Sufficiency/weight of evidence based primarily on accomplice testimony | Accomplice testimony (George/Antwaine) is unreliable/coerced and insufficient to convict. | Eyewitness testimony corroborates accomplices; jury weighed credibility; accomplice testimony admissible and was cautioned. | Verdict supported; jurors credited State witnesses; not against overwhelming weight of evidence. |
| Confrontation / use of FBI photo-lineup | Involvement of FBI task force in photo lineup denied right to confront those agents as accusers. | FBI agents did not testify at trial and did not present accusatory statements at trial; Flowers cross-examined all testifying witnesses. | No confrontation violation; Flowers had opportunity to cross-examine witnesses that testified. |
| Batson challenge to peremptory strikes | Prosecutor struck Black veniremembers leaving an all-white jury; strikes were racially motivated. | Prosecutor offered race-neutral reasons for each strike (relative convictions, incomplete questionnaire, employment history); defense did not rebut. | Trial court did not clearly err; race-neutral reasons accepted. |
| Ineffective assistance for failing to subpoena attorney Russell | Russell could have testified Flowers voluntarily surrendered, rebutting Marshall Odom's capture testimony. | Calling Russell was strategic; record does not show counsel was constitutionally deficient or prejudice on the face of the record. | No affirmative record of constitutionally ineffective assistance on direct appeal; claim preserved for possible post-conviction relief. |
Key Cases Cited
- Bailey v. State, 78 So.3d 308 (Miss. 2012) (standard of review for jury instructions)
- Dambrell v. State, 903 So.2d 681 (Miss. 2005) (overt act and reasonable belief suffice to show exhibition of deadly weapon)
- Davis v. State, 530 So.2d 694 (Miss. 1988) (pistol judicially declared a deadly weapon without proof it is loaded or operable)
- Jones v. State, 368 So.2d 1265 (Miss. 1979) (accomplice testimony reliability and plea-bargain concerns)
- Washington v. State, 645 So.2d 915 (Miss. 1994) (state must prove each element beyond reasonable doubt)
- Woodard v. State, 765 So.2d 573 (Miss. Ct. App. 2000) (motion for new trial tests weight of evidence standard)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Batson v. Kentucky, 476 U.S. 79 (1986) (prohibition on racially motivated peremptory strikes)