217 So. 3d 947
Ala. Crim. App.2016Background
- Eugene Lee Jones was indicted for murder after Lula Addison's decomposed body was found lodged under a hotel bed; autopsy ruled death as asphyxia by strangulation.
- Jones gave a July 29, 2013 statement after waiving Miranda rights, then invoked his right to counsel; questioning stopped and he was not provided counsel at that time.
- Jones later was arrested on unrelated warrants and, on October 7, 2013, while in custody, waived Miranda again and submitted to a polygraph interview administered by an FBI agent; after failing the polygraph he made inculpatory statements.
- At trial the jury convicted Jones of the lesser-included offense of manslaughter; he was sentenced as a habitual felony offender to life and appealed.
- On appeal Jones challenged (1) denial of a mistrial for juror comments during voir dire, (2) denial of suppression of the October statements under Edwards, (3) sufficiency/weight of evidence (new trial), (4) admission of toxicology/autopsy evidence, (5) certain jury instructions, and (6) failure to instruct on first-degree assault.
Issues
| Issue | Jones's Argument | State's Argument | Held |
|---|---|---|---|
| Mistrial for juror comment during voir dire | Prospective juror’s mention of a prior manslaughter sentence tainted the venire and required mistrial | Any prejudice could be cured; juror was struck for cause and instruction presumption applies | Denial affirmed; no abuse of discretion, no showing of manifest prejudice |
| Suppression of Oct. 7 statements (Edwards claim) | After invoking counsel on July 29, police could not reinitiate interrogation without counsel; October statements involuntary/coerced | More than 14 days and a break in custody dissipated Edwards presumption; Jones waived Miranda before Oct. interview | Denial affirmed; Shatzer rule allows reinterrogation after a sufficient break; waiver valid |
| Weight/sufficiency (motion for new trial) | Evidence did not prove recklessness; verdict compromised | Medical and eyewitness evidence supported reckless strangulation causation; credibility for jury | Denial affirmed; evidence supports manslaughter and jury’s credibility determinations stand |
| Admission of autopsy/toxicology reports | Toxicology report not performed by autopsying ME, not properly authenticated | Toxicology expert testified and report was admitted earlier without objection; any duplication harmless | Denial affirmed; if error, harmless beyond reasonable doubt because same toxicology had been admitted |
| Jury instruction on intent (third-degree assault language) | Instruction misstated law and created an impermissible presumption shifting burden | Charge correct as a whole; intoxication admissible to negate intent; language is proper | Denial affirmed; instruction legally adequate and not misleading |
| Failure to charge first-degree assault as lesser-included | Evidence supported theory of intent to cause serious injury to trachea; should have instructed | No weapon/dangerous instrument shown; issue not preserved by timely objection | Not reviewed on merits (not preserved); alternatively, no evidence warranted first-degree assault instruction |
Key Cases Cited
- Edwards v. Arizona, 451 U.S. 477 (prophylactic rule: once accused invokes right to counsel, police-initiated interrogation must cease until counsel is present)
- Maryland v. Shatzer, 559 U.S. 98 (reinterrogation permitted after a break in custody of sufficient duration — 14-day rule)
- Miranda v. Arizona, 384 U.S. 436 (Miranda warnings and waiver requirements for custodial interrogation)
- Chapman v. California, 386 U.S. 18 (harmless-error standard: constitutional error must be harmless beyond a reasonable doubt)
- Ex parte Gillentine, 980 So.2d 966 (conviction for lesser-included offense implies acquittal of greater offense)