123 So. 3d 925
Miss. Ct. App.2013Background
- Harris was indicted in Rankin County on five counts of felonious child abuse for injuries to nine-month-old Sue Brown; the jury convicted on Count III (burning fingers) but could not reach verdict on Counts I, II, IV, V, resulting in a mistrial on those counts.
- Harris was sentenced to 30 years in MDOC with 8 years suspended and 5 years probation after the jury convicted on Count III and the court declared mistrials on the remaining counts.
- Sue Brown suffered multiple injuries in March 2009 while in Harris's care; Crandle (the mother) had arranged for Harris to babysit at his home after previous arrangements failed.
- A video recording of Harris’s custodial interview, in which he initially denied knowledge and later admitted some injuries, was admitted and played at trial; Harris had been Mirandized and signed a waiver at the interview's end.
- Harris moved to suppress the written statement; the trial court ruled he did not invoke the right to counsel, and the video was admitted with redactions where appropriate.
- Harris argued on appeal that the jury should have been mistried due to the unredacted portion of the video showing his request for an attorney; the court denied the mistrial and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether admission of the video without redacting a request for counsel was reversible error | Harris invoked counsel; request should be redacted. | No invocation; video admissible; no mistrial required. | No reversible error; no abuse of discretion; mistrial not warranted. |
| Whether the court should have given a lesser-included or lesser-offense instruction | Harris entitled to D-12 (misdemeanor child abuse) and D-17 (simple assault). | Payton controls; no basis for lesser-offense instructions. | Instructions refused were proper; no evidentiary basis for lesser offenses. |
| Whether the weight of the evidence supports the verdict | Verdict against weight of the evidence. | Evidence supported conviction; no injustice. | Conviction for felonious child abuse supported by substantial evidence; no new trial warranted. |
Key Cases Cited
- Gunn v. State, 56 So.3d 568 (Miss.2011) (abuse of discretion standard for mistrial rulings)
- Caston v. State, 823 So.2d 473 (Miss.2002) (mistrial and evidentiary error standards)
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (mandatory warnings before custodial interrogation)
- Edwards v. Arizona, 451 U.S. 477 (U.S. 1981) (clear invocation of right to counsel halts questioning)
- Chamberlin v. State, 989 So.2d 320 (Miss.2008) (two-step analysis for invoking right to counsel)
- Holland v. State, 587 So.2d 848 (Miss.1991) (criteria for invoking constitutional rights during interrogation)
- Delashmit v. State, 991 So.2d 1215 (Miss.2008) (ambiguity in invoking right to counsel and suppression standards)
- Payton v. State, 642 So.2d 1328 (Miss.1994) (rejection of misdemeanor/negligent offenses when serious bodily harm present)
- Williams v. State, 53 So.3d 734 (Miss.2010) (standard for granting lesser-offense instructions)
- Mease v. State, 539 So.2d 1324 (Miss.1989) (evidentiary basis required for lesser-offense instructions)