290 So.3d 754
Miss. Ct. App.2020Background
- On August 15, 2015 a gold Tahoe/Yukon drove past a Pontiac on Highway 82 and opened fire; one victim (D’Alandis Love) was killed and three were seriously injured.
- Jacarius Keys later gave a videotaped statement saying he drove the Tahoe and identified Jones as the shooter with an AK-47 and placed Holland, Buchanan, Jones, and McClung in the vehicle; Keys was killed before trial.
- Holland and four co-defendants were jointly indicted; the trial court denied motions to sever and to exclude Keys’s videotaped statement; Keys’s video was played to the jury (jury not told Keys had been killed).
- Victims Stigler and Perez identified Holland and Jones as shooters; .40-caliber shell casings and a .40-caliber bullet were recovered from the scene and victims.
- The jury convicted Holland of second-degree murder and three counts of attempted first-degree murder; Holland received consecutive terms (40 years and three 30-year terms) and appealed, arguing severance error and insufficiency/weight of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of motion to sever | Joint trial proper; defendants indicted together and evidence implicated multiple defendants | Holland: severance required because joint trial prejudiced him (cites Duckworth factors) | Waived in part for lack of briefing; on merits no abuse of discretion — factors favor joint trial (no co-defendant testimony exculpatory at expense of others; evidence implicated multiple defendants) |
| Sufficiency and weight of evidence | State: victims positively ID Holland as a shooter; Keys’s statement implicated Holland in planning and disposing of the Tahoe; physical evidence (.40 casings/bullet) consistent with handgun use | Holland: witness IDs contradictory and uncorroborated; no physical evidence directly tying Holland to firing the lethal shot; verdict against overwhelming weight | Evidence taken in light most favorable to prosecution was sufficient; verdict not against overwhelming weight; convictions affirmed |
| Admissibility of Keys’s videotaped statement (forfeiture by wrongdoing) | State: 804(b)(6) applies because evidence shows defendant engaged in wrongdoing that procured Keys’s unavailability (surveillance, investigator testimony, texts) | Holland: challenged but failed to adequately brief admissibility on appeal | Although Holland largely failed to brief the issue, court found no error admitting Keys’s statement under 804(b)(6) given surveillance and investigator testimony supporting forfeiture by wrongdoing |
Key Cases Cited
- Duckworth v. State, 477 So. 2d 935 (Miss. 1985) (factors for severance of jointly indicted defendants)
- Maggett v. State, 230 So. 3d 722 (Miss. Ct. App. 2016) (joint trials generally serve interests of justice)
- Hayes v. State, 168 So. 3d 1065 (Miss. Ct. App. 2013) (two-part severance review test)
- McCarty v. State, 247 So. 3d 260 (Miss. Ct. App. 2017) (standard for sufficiency and weight review)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (Jackson/Bush sufficiency standard adoption)
- Arrington v. State, 267 So. 3d 753 (Miss. 2019) (issues not argued in brief are waived)
- Davis v. Washington, 547 U.S. 813 (2006) (confrontation principles relevant to statements)
- Giles v. California, 554 U.S. 353 (2008) (forfeiture by wrongdoing requires intent to procure declarant unavailability)
- United States v. Gurrola, 898 F.3d 524 (5th Cir. 2018) (proponent must prove forfeiture by a preponderance of the evidence)