236 So. 3d 11
Miss.2017Background
- Two-year-old Victoria Viner died of blunt force head trauma in August 2010; Justin Blakeney was indicted for capital murder based on child abuse and autopsy findings.
- During pretrial incarceration, two jailhouse inmates (Gregory “Hobo” Hancock and Randall “Satan” Smith) reported that Blakeney made incriminating statements and produced a purported letter recommending Blakeney for Aryan Brotherhood membership.
- The State disclosed Hancock earlier but disclosed Smith and three experts very shortly before trial; Smith testified and a handwriting expert (Vargas) linked a letter to Blakeney at trial.
- The sheriff’s office recorded a visitation call with Hancock and conducted searches revealing Aryan Brotherhood materials and tattoos; extensive pretrial publicity prompted venue transfer from Jones to Greene County.
- Defense sought continuance to investigate late disclosures and to obtain impeachment/exculpatory evidence (including ATF electronic reports); the trial court denied the continuance, the jury convicted and sentenced Blakeney to death.
- The Mississippi Supreme Court reversed: it found (1) the late disclosure warranted a continuance, (2) Hancock and Smith acted as State agents so their elicited statements violated Sixth Amendment protections, and (3) prosecutorial misconduct in failing to disclose/preserve potential exculpatory electronic evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred denying continuance after late disclosure of Smith and experts | Blakeney: State ambushed defense; needed time to investigate, obtain experts, and impeach witnesses | State: disclosed as discovered and complied with rule; no unfair surprise | Court: Denial was reversible; late disclosure deprived defense adequate preparation; continuance should have been granted |
| Whether evidence/testimony from Hancock and Smith admissible given right to counsel | Blakeney: Both informants were working as State agents and deliberately elicited statements after indictment, violating Sixth Amendment/Massiah | State: informants approached prosecutors; not freelancing; their conduct did not violate rights | Court: Both were State agents; State deliberately elicited incriminating statements—admission violated Sixth Amendment; testimony/documents inadmissible |
| Whether prosecutor engaged in misconduct by failing to disclose/preserve electronic evidence | Blakeney: ATF cellular/computer reports were turned over to DA but not provided to defense; failure was in bad faith and possibly exculpatory (material to defense) | State: contends lack of materiality; denied withholding exculpatory material intentionally | Court: Prosecutor acted in bad faith in failing to disclose/preserve potentially useful electronic evidence; this, combined with other errors, requires reversal |
| Whether errors were harmless or required new trial | State: argues errors not outcome-determinative | Blakeney: cumulative errors denied meaningful opportunity to present defense in capital case | Court: Errors were prejudicial in a capital case; conviction and death sentence reversed and case remanded for new trial |
Key Cases Cited
- Pinkton v. State, 481 So. 2d 306 (Miss. 1985) (capital cases require heightened scrutiny)
- Massiah v. United States, 377 U.S. 201 (1964) (post-indictment, deliberate elicitation by agents violates Sixth Amendment)
- Kuhlmann v. Wilson, 477 U.S. 436 (1986) (distinguishing passive informant reports from deliberate elicitation; state-agent interrogation prohibition)
- Brady v. Maryland, 373 U.S. 83 (1963) (suppression of material exculpatory evidence violates due process)
- Arizona v. Youngblood, 488 U.S. 51 (1988) (bad-faith standard for failure to preserve potentially useful evidence)
- Duplantis v. State, 644 So. 2d 1235 (Miss. 1994) (Box procedure for discovery violations and continuances)