Lamarcus Wallace v. State of Mississippi
229 So. 3d 723
| Miss. Ct. App. | 2017Background
- On Sept. 13, 2014, Tony Jones was shot and later died on Brewer Drive in Cleveland, MS; several witnesses placed a hooded shooter at the scene and one witness identified Wallace by sight.
- Earlier that evening officers had separated Wallace and Jones after a disturbance; officers heard Wallace make threatening remarks suggesting possible retaliation.
- Wallace testified he was in Greenville at 7 p.m. delivering drugs to a friend named Tavarous (an asserted alibi).
- A gunshot-residue (GSR) sample from Wallace tested positive; the technical reviewer (David Whitehead) testified about the test instead of the analyst who ran it (Chad Suggs).
- Wallace was convicted of murder and sentenced to life; he appealed raising claims of juror sleeping/mistrial, Confrontation Clause violation, improper comment on failure to call an alibi witness, and cumulative error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mistrial for sleeping jurors | Several jurors were seen sleeping; court should have declared mistrial sua sponte | Trial court monitored jury, observed only brief eye-closing, no one was actually asleep; no mistrial requested at trial | No error; court found jurors attentive and no obligation to grant mistrial or replace jurors |
| Confrontation Clause — GSR analyst absent | The analyst who tested the sample (Suggs) did not testify; Wallace argues this violated Crawford (testimonial statements) | Technical reviewer Whitehead testified, had personal knowledge, reviewed the report, and gave independent opinion; defense counsel accepted reviewer testimony at trial | No violation; reviewer testimony permissible where reviewer was involved and had knowledge |
| State’s comment on failure to call alibi witness | Prosecutor’s question whether “Tavarous is here today?” improperly commented on Wallace not calling an alibi witness | Wallace testified Tavarous was his "homeboy," making the alibi witness more available to Wallace; State entitled to comment on absence | Procedurally barred (no objection at trial) and, on merits, not improper given close relationship between defendant and alleged alibi witness |
| Cumulative error | Combined errors deprived Wallace of a fair trial | No individual errors found, so cumulative error cannot apply | No cumulative-error relief; conviction affirmed |
Key Cases Cited
- Carpenter v. State, 132 So. 3d 1053 (Miss. Ct. App. 2013) (juror sleeping addressed; replacement of sleeping juror approved where necessary)
- Hines v. State, 417 So. 2d 924 (Miss. 1982) (trial court not required to sua sponte grant mistrial absent proof juror actually asleep)
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (Confrontation Clause bars testimonial statements unless witness unavailable and prior cross-examination occurred)
- Armstead v. State, 196 So. 3d 913 (Miss. 2016) (technical reviewers may testify in place of analysts when they have personal knowledge and were involved in report creation)
- Ross v. State, 603 So. 2d 857 (Miss. 1992) (State may comment on defendant's failure to call an alibi witness when witness is more available to defendant)
- Davis v. State, 660 So. 2d 1228 (Miss. 1995) (failure to object at trial procedurally bars claim on appeal)