229 So. 3d 717
Miss. Ct. App.2017Background
- Victim Glandra Williams was found stabbed to death in her Cleveland, MS home on November 12, 2014; multiple stab wounds and defensive injuries indicated a violent struggle.
- Security-camera footage from a neighbor showed a man identified by neighbors as Gerry Love near the victim’s house the morning of the murder; neighbors and a coworker also noticed fresh scratches on Love that day.
- Investigators found what appeared to be blood on Love’s work pants; DNA testing of a stain on the pants could not exclude the victim as the donor and had a very low random-match frequency. Knives recovered tested negative for blood.
- Vaginal swabs from the victim contained semen; DNA analysis showed a mixture including an unknown male; Love was excluded as a contributor to that male DNA.
- Love was tried, convicted of first-degree murder, and sentenced as a habitual offender to life without parole; he appealed arguing (1) the trial court misapplied Batson in restoring three struck jurors and (2) improper hearsay testimony was admitted.
Issues
| Issue | Love's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in sustaining the State’s Batson objection and restoring three peremptory strikes | Defense used race-neutral bases (employment: bankers, farmers) for strikes; those are legitimate nonracial reasons | Trial court found defense reasons pretextual given pattern of striking white jurors and inconsistent treatment of similarly employed jurors | Affirmed: trial court did not abuse discretion — credibility/pretext finding supports Batson violation and restoration of jurors |
| Whether admission of witness Tommie Richardson’s testimony about the victim’s statements was improper hearsay | Love objected to certain hearsay references but argues Richardson’s testimony that victim said she had company from "down the street" was inadmissible hearsay and prejudicial | The court sustained the initial hearsay objection but allowed limited testimony about witness’s personal knowledge; Love failed to contemporaneously object to the later testimony, so any error was waived | Affirmed: no reversible error — trial court exercised discretion and Love waived further objection by not moving to strike/contemporaneously object |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (prohibition on race-based peremptory strikes)
- Lynch v. State, 877 So. 2d 1254 (deference to trial judge’s Batson credibility findings)
- Pruitt v. State, 986 So. 2d 940 (race-neutral reasons not automatically validated across cases)
- Hardison v. State, 94 So. 3d 1092 (application of Batson three-step framework to reverse-Batson)
- Purkett v. Elem, 514 U.S. 765 (proponent’s burden on step two is minimal; plausibility not required)
- Lockett v. State, 517 So. 2d 1346 (trial court’s factfinding role in assessing discriminatory motive)
- Rubenstein v. State, 941 So. 2d 735 (failure to make contemporaneous objection waives appellate review of evidentiary error)