Laqunn Gary v. State of Mississippi
237 So. 3d 100
| Miss. | 2016Background
- In February 2012 police questioned Laqunn Gary about the fatal shooting of Vizavian Darby; after a custodial interview Gary gave written and videotaped statements and led officers to firearms.
- Gary moved to suppress the statements, arguing his Miranda waiver was not knowing, intelligent, and voluntary (he also argued he was 17 at the time).
- One interviewing detective (Eric Smith) was later killed; the other (Patricia Wilder) sought to quash a subpoena claiming PTSD and inability to testify. The State intended to call Wilder to prove voluntariness and authenticate the tape.
- At a pretrial hearing Gary testified only to his birth date (disputed age) and, over objection, portions of the videotape were played for that limited purpose; the State otherwise presented no testimony on voluntariness.
- The trial court ruled Wilder unavailable, denied Gary’s suppression motion without holding a suppression hearing or requiring the State to make a prima facie showing of voluntariness, admitted the tape at trial, and Gary was convicted and sentenced to life without parole.
Issues
| Issue | Gary's Argument | State's Argument | Held |
|---|---|---|---|
| Whether Gary was entitled to a suppression hearing when voluntariness was contested | Gary argued the voluntariness of his confession was disputed and he was therefore entitled to a preliminary suppression hearing outside the jury | The State relied on evidence elicited from Gary and the court’s viewing of the tape to deny a formal suppression hearing | Court: Denial was error; when voluntariness is questioned the defendant has a due-process right to a suppression hearing and the State must first make a prima facie showing of voluntariness |
| Who bears burden to prove admissibility/voluntariness of confession | Gary: State must present evidence and make prima facie case before defendant must rebut | State: Court could find voluntariness from the record and Gary’s limited testimony | Court: State bears burden to prove predicate facts beyond a reasonable doubt; it failed to do so here |
| Whether eliciting Gary’s testimony to authenticate the tape violated Fifth Amendment privilege | Gary: Testifying to authenticate the tape compelled self-incrimination beyond the limited waiver for birth-date testimony | State: Cross-examination and limited authentication were permissible and justified by need to resolve age dispute | Concurrence: Forcible authentication here implicated the Fifth Amendment; overruling objections and forcing authentication was error (remanded regardless) |
| Appropriate remedy where no suppression hearing held | Gary: Vacate conviction and order new trial if suppression hearing finds statements inadmissible | State: If hearing finds statements voluntary, conviction stands | Court: Remand for a constitutionally adequate suppression hearing; if confession found inadmissible, vacate conviction and order new trial; if admissible, no new trial required |
Key Cases Cited
- Cox v. State, 586 So.2d 761 (Miss. 1991) (State bears burden to prove voluntariness beyond a reasonable doubt)
- Agee v. State, 185 So.2d 671 (Miss. 1966) (accused entitled to preliminary hearing on admissibility of confession)
- Thorson v. State, 653 So.2d 876 (Miss. 1994) (modifying burden-shifting framework after prima facie showing)
- Jackson v. Denno, 378 U.S. 368 (1964) (requirement to hold constitutionally adequate suppression hearing on confession voluntariness)
- Miranda v. Arizona, 384 U.S. 436 (1966) (custodial-interrogation warnings required before interrogation)
- Conerly v. State, 760 So.2d 737 (Miss. 2000) (remand for appropriate preliminary determinations when prerequisites to admissibility not made)