164 So. 3d 1046
Miss. Ct. App.2014Background
- Brown was convicted in Neshoba County of selling hydrocodone and acetaminophen; sentenced to 10 years.
- Brown moved for a new trial; motion denied; she appeals claiming a biased juror, ineffective assistance, and weight of the evidence issues.
- Voir dire revealed juror Dena Bishop stated a nephew was a DEA agent; defense inquiry stopped after minimal questioning; Bishop sat on the jury.
- Brown argued trial counsel failed to strike biased juror and the circuit court erred by not removing her.
- The Mississippi Supreme Court applied Read v. State to address ineffective assistance on direct appeal and reversed for counsel’s ineffectiveness; case remanded for further proceedings.
- Dissent would affirm the conviction, citing procedural bar and lack of clear bias in the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failure to strike biased juror | Brown | Brown's counsel failed to challenge bias | Bias deemed present; counsel ineffective and reversal |
| Whether biased juror violated Sixth Amendment right to impartial jury | Brown | No clear bias shown | Bias presumed; reversal remand per majority |
| Whether error was structural and reversible on direct appeal | Brown | Procedural bar if not timely challenged | Court recognizes reversible error on direct appeal |
| Read v. State procedure on direct appeal for ineffectiveness claims | Brown | Read procedure applicable | Court proceeded to address ineffectiveness on direct appeal |
Key Cases Cited
- Read v. State, 430 So.2d 832 (Miss. 1983) (procedure for addressing ineffective assistance on direct appeal; consider record; possible remand)
- Hughes v. United States, 258 F.3d 453 (6th Cir. 2001) (express bias by juror; cannot waive impartial jury; need rehabilitation)
- Miller v. Webb, 385 F.3d 666 (6th Cir. 2004) (unfettered partiality requires reversal; absence of rehabilitation)
- Virgil v. Dretke, 446 F.3d 598 (5th Cir. 2006) (trial counsel’s failure to challenge biased jurors discussed)
- Thompson v. Altheimer & Gray, 248 F.3d 621 (7th Cir. 2001) (juror’s partiality can indicate bias requiring challenge)