Keller v. State
138 So. 3d 817
| Miss. | 2014Background
- Keller was indicted for capital murder during robbery at Hat Nguyen’s Food Mart; verdicts: guilty of capital murder and death sentence after 2009 trial.
- Remand ordered for evidentiary hearing on whether Keller’s statements to police were coerced and whether coerced confessions tainted subsequent statements.
- Keller’s June 21, 2007 murder and ensuing crimes included stealing trucks, exchanging a gun for crack, and fleeing prior to arrest; multiple witnesses described scene and injuries.
- Indictment amended to pursue habitual-offender status; counsel appointment occurred after amendment; issues raised about notice and representation.
- Trial court on remand held first two statements not coerced and third statement admissible; court retained jurisdiction to rule on appeal issues.
- Multiple appellate issues addressed, including off-record proceedings, jury voir dire, suppression of statements, prosecutorial misconduct, and sentencing phase procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Off-record proceedings and record completeness | Keller: off-records violated Suan rule; record incomplete | State: preserved by motions; reconstruction adequate | Procedural bar; record reconstruction insufficient; issue preserved only in limited form. |
| Indictment amendment procedure for habitual-offender status | Keller not given notice or counsel for amendment | Amendment proper; capital options remained death or life without parole | No reversal required; indictment adequate for sentence. |
| Suppression and admissibility of Keller’s final statement | Coercion tainted third statement; fruit-of-poisonous-tree issue | Third statement independently voluntary after purge of taint | Court remand found third statement admissible; no reversible error. |
| Prosecutorial misconduct and admissibility of evidence in culpability/penalty | Improper 404(b) and victim-impact evidence tainted guilt/penalty | Evidence admissible as part of narrative; no reversible error | No reversible error; cumulative-factors analysis shows harmless error. |
| Sentencing instructions and mitigation in penalty phase | Defense lacking appropriate jury guidance on weighing mitigation | Trial court properly instructed; no mercy instruction required | No error; sentencing instructions upheld and death sentence affirmed. |
Key Cases Cited
- Suan v. State, 511 So.2d 144 (Miss. 1987) (directed recording of at-bench conferences; mandatory record-keeping)
- Goff v. State, 14 So.3d 625 (Miss. 2009) (motion to suppress evidence limited preservation; suppression standards)
- Woodward v. State, 726 So.2d 524 (Miss. 1997) (witness expense payments; procedural bar and harmless error analysis)
- Morgan v. Illinois, 504 U.S. 719 (U.S. 1992) (Witherspoon-type voir dire; juror qualification and death penalty juries)
- Elstad, 470 U.S. 298 (U.S. 1985) (voluntariness of subsequent confessions after unwarned but noncoercive first)