Hughes v. State
2012 Miss. LEXIS 308
| Miss. | 2012Background
- Hughes was convicted of two counts of capital murder; death penalty not imposed; two life sentences without parole, concurrent.
- The State and Hughes raised six appeal issues; the court addresses them collectively.
- Evidence included motive from Hughes’s affair with Pittman, vaginal knowledge of Banks’s home, and location data from cell phones placing Hughes near the crime scene.
- Physical evidence linked Hughes to the crime: a Rossi .38 gun borrowed days earlier, footwear matching the crime scene impression found in Hughes’s home, and Banks’s blood on those shoes.
- DNA testing on TredSafe shoes and the chase for admissibility are challenged but ultimately held procedurally barred or unpersuasive; the court affirms the circuit court’s verdict.
- The opinion affirms Hughes’s two convictions and concurrent life sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury misconduct from note about whether Hughes could have testified | Hughes, via Fifth Amendment rights, argues the note shows an adverse inference | State argues jurors follow court instructions; note lacks proof of actual consideration | Procedurally barred; no reversible error; jurors presumed to follow Instruction Four |
| Verdicts against the overwhelming weight of the evidence | Hughes contends lack of direct evidence and aloof connection to crime | State points to circumstantial evidence including motive, location, and forensics | Not against the overwhelming weight; evidence sufficient to sustain verdicts |
| Court erred in denying Hughes peremptory challenge | Hughes claims Batson violation; pretext shown | Trial court found some strikes neutral and others pretextual; court’s Batson ruling affirmed | Trial court not clearly erroneous; no reverse on Batson issue |
| Motion to suppress evidence from Hughes’s home | Affidavit lacked probable cause; search invalid | Totality of circumstances supported probable cause | Probable cause properly found; suppression denied |
| Directed verdict on capital murder charges | Insufficient proof of burglary as underlying felony | Circumstantial evidence sufficient; breaking and entering shown by forced door and shoes | Sufficient evidence supported burglary and capital murder; directed verdict denied |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (prohibits racial discrimination in peremptory challenges)
- Pitchford v. State, 45 So.3d 216 (Miss. 2010) (three-step Batson inquiry governs peremptory challenges)
- Lynch v. State, 877 So.2d 1254 (Miss. 2004) (race-neutral reasons presumed valid; pretext proves discrimination)
- McFarland v. State, 707 So.2d 166 (Miss. 1997) (pretext may be shown by comparing struck and non-struck jurors)