233 So. 3d 832
Miss. Ct. App.2017Background
- Clark was convicted of capital murder in Panola County for the 1998 murder of Charlene Wren and sentenced to life without parole as a habitual offender.
- The 1998 capital-murder indictment was later quashed and dismissed due to a defective underlying burglary predicate, leading to a second indictment in 2012.
- Clark was an habitual offender with prior convictions for sexual battery and robbery, and the State sought life with no parole upon conviction.
- During trial, Clark contested the admissibility of audio interviews and sought to recall a witness; the State elicited testimony from officers and Tony Wren about the events at the trailer.
- Clark pursued numerous pretrial and post-trial motions (change of venue, suppression, severance, pro se request, etc.) with mixed rulings; appellate review followed.
- The Mississippi Court of Appeals ultimately affirmed the conviction and sentence, addressing issues raised by counsel and pro se submissions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Cross-examination about excluded statement admissibility | Clark didn’t open the door to the Sheriff Bryan tape | State opened door; tape relevant to defendant’s credibility | Harmless error; no reversal warranted |
| Ineffective assistance of counsel | Counsel failed on multiple fronts to exclude bad acts, request self-defense instruction, and recall proffer | No reasonable probability of different outcome; record supports trial strategy | No reversible error; issue lacks merit |
| Recall of witness to testify later | Clark should have been recalled to complete his story | Court did not abuse discretion; no additional beneficial testimony shown | Within trial court’s discretion; no reversal |
| Electronic restraint at trial | Restraint violated right to be free from shackles | Court acted on security concerns; restraint not visibly prejudicial | No reversible error; court’s discretion upheld |
| Confrontation regarding autopsy report testimony | Investigator’s testimony violated confrontation right | Stevens had intimate knowledge; admissible under two-part test | Harmless error; sufficient independent evidence of cause of death present |
Key Cases Cited
- Dobbins v. State, 766 So. 2d 29 (Miss. Ct. App. 2000) (plain-error review requires manifest miscarriage of justice)
- Debrow v. State, 972 So. 2d 550 (Miss. 2007) (abuse-of-discretion standard; evidentiary rulings reviewed de novo on appeal)
- Washington v. State, 726 So. 2d 209 (Miss. Ct. App. 1998) (opening the door permits otherwise inadmissible evidence)
- Jenkins v. State, 102 So. 3d 1063 (Miss. 2012) (Confrontation Clause; two-part test for witness as to autopsy reports)
- Gossett v. State, 660 So. 2d 1285 (Miss. 1995) (harmless error of autopsy report admission)