237 So. 3d 140
Miss.2018Background
- Laqunn Gary shot and killed Vizavian Darby during an attempted carjacking; Gary later confessed on video and led police to the weapons and clothing with the victim’s blood and DNA.
- Gary was arrested, given Miranda warnings, signed a waiver, and recorded a videotaped interrogation in February 2012.
- Gary moved pretrial to suppress the written statement and video confession, arguing the waiver was involuntary (initially claiming he was 17; later claiming intoxication and that he was not properly Mirandized).
- Trial court initially denied suppression without a full suppression hearing placing the State’s burden to make a prima facie showing of voluntariness; this Court (Gary I) remanded for a proper suppression hearing.
- On remand the State presented Detective Wilder, who testified Gary was Mirandized, signed the waiver, and was not coerced or intoxicated; the trial court found the confession voluntary and admissible.
- Gary was convicted of capital murder (underlying felony: robbery) and sentenced to life without parole; this appeal challenges suppression, sufficiency/weight of evidence, and cumulative error.
Issues
| Issue | Gary's Argument | State's Argument | Held |
|---|---|---|---|
| Admissibility of confession | Waiver involuntary; trial court failed to require State to make prima facie showing; Gary was a minor/intoxicated/not Mirandized | Confession was voluntary: Gary was Mirandized, signed waiver, not coerced or intoxicated; detective testimony and video authenticate it | After remand and suppression hearing, court found confession voluntary; appellate court affirmed (high manifest-error standard) |
| Sufficiency of evidence for capital murder | At most manslaughter; State failed to prove robbery intent/robbery elements | Gary admitted plan to steal car, brought a gun, used force and killed Darby during attempted robbery; corroborating forensic evidence | Evidence sufficient for capital murder (robbery as underlying felony); JNOV denied |
| Motion for new trial (weight of evidence) | Verdict against overwhelming weight; factual inconsistencies (blood on shirt, continued wearing shirt, role of accomplice) | Confession matched forensic proof (blood, weapon recovery); jury resolves factual disputes | Trial court did not abuse discretion; verdict not contrary to overwhelming weight of evidence |
| Cumulative error | Combined trial errors require reversal/new trial | Only error (lack of initial suppression hearing) remedied by remand and proper hearing; no other reversible errors | No cumulative error; conviction and sentence affirmed |
Key Cases Cited
- Jackson v. Denno, 378 U.S. 368 (1964) (remand for constitutionally adequate suppression hearing where voluntariness of confession is at issue)
- Scott v. State, 8 So. 3d 855 (Miss. 2008) (trial judge as fact-finder on Miranda waiver; reversal only for manifest error)
- Agee v. State, 185 So. 2d 671 (Miss. 1966) (State bears burden to make prima facie showing of voluntariness at suppression hearing)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for reviewing sufficiency of the evidence)
- Conerly v. State, 760 So. 2d 737 (Miss. 2000) (remand for proper preliminary/probable-cause or suppression proceedings when required)