Gause v. State
65 So. 3d 295
| Miss. | 2011Background
- Gause was indicted on Count I for capital murder with the underlying burglary and Count II for attempted aggravated assault.
- The jury was instructed on capital murder with the underlying burglary and on related offenses; the jury convicted Gause of manslaughter and burglary, and not guilty of attempted aggravated assault.
- The circuit court sentenced Gause to 20 years for manslaughter and 25 years for burglary, with partial suspension and post-release supervision, to run consecutively.
- Gause’s appeal raised three issues: whether burglary could be considered by the jury; whether defense could voir dire Dr. Hayne; and whether venirepersons were improperly excused for prior jury service.
- The Supreme Court affirmed the manslaughter conviction, reversed the burglary conviction, and held the burglary instruction improper.
- Key factual context includes Gause’s March 22, 2008 attack on Jeffrey Swords at Tracy Gause’s trailer after discovering Swords with Tracy; stabbing evidence and subsequent statements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burglary as a lesser-included offense | Gause: underlying burglary not lesser-included; instruction improper. | State: burglary is a lesser-included offense of capital murder with underlying burglary. | Burglary is not a lesser-included offense; instruction improper; burglary conviction reversed. |
| Voir dire of Dr. Hayne | Gause: court erred by not allowing voir dire of Hayne on qualifications. | State: Hayne qualified; defense waived objections by not objecting earlier. | No reversible error; court properly admitted Hayne’s testimony; defense waived right to voir dire. |
| Excluding venirepersons for prior jury service | Gause: automatic exclusion for past two years abused exemptions under Section 13-5-25. | State: exemptions may be claimed; automatic exclusions are permissible under statute history. | Issue procedurally barred; error harmless; venire exclusion upheld as a matter of practice and legislative history. |
Key Cases Cited
- Doss v. State, 709 So.2d 369 (Miss. 1996) (underlying felony not a lesser-included offense of capital murder)
- Ballenger v. State, 667 So.2d 1242 (Miss. 1995) (underlying robbery not lesser-included offense)
- Gray v. State, 472 So.2d 409 (Miss. 1985) (underlying kidnapping not lesser-included offense)
- Cannaday v. State, 455 So.2d 713 (Miss. 1984) (underlying kidnapping not lesser-included offense)
- In re Jordan, 390 So.2d 584 (Miss. 1980) (underlying kidnapping not lesser-included offense)
- Richardson v. State, 767 So.2d 195 (Miss. 2000) (distinct from lesser-included when elements set forth in indictment)
- Edmonds v. State, 955 So.2d 787 (Miss. 2007) (Dr. Hayne qualified to testify; limits on admissible opinions)
- Nelson v. State, 10 So.3d 898 (Miss. 2009) (voir dire opportunity after testimony; waiver considerations)
- Spires v. State, 10 So.3d 477 (Miss. 2009) (exemption under 13-5-25 must be claimed by juror)
- Adams v. State, 537 So.2d 891 (Miss. 1989) (statutory interpretation on jury exemptions)