115 So. 3d 108
Miss. Ct. App.2013Background
- Pulliam was convicted by a Mississippi circuit court of two counts of selling cocaine after a jury trial.
- Pulliam challenged Batson objections to the State’s peremptory strikes on minority jurors (three African American venire members) and on an additional minority-descriptor juror.
- Bailey, an informant, conducted two controlled buys of cocaine from Pulliam with police surveillance and funds provided by officers.
- Pre-trial venire consisted of 43 potential jurors with three African American members; venire was reshuffled by the court.
- The State used peremptory strikes on Ball (AA), Fernando (Sri Lankan/Hispanic), and Keys (AA); Pulliam objected to Batson, and the court ruled there was no prima facie case of discrimination and accepted race-neutral explanations.
- Officer testimony about Black & Mild cigars was challenged; the court later instructed the jury to disregard the testimony to cure any error.
- The evidence showed Bailey bought cocaine from Pulliam twice, with drugs recovered by officers, and forensic testing confirmed cocaine; the defense argued against sufficiency and weight of the evidence.
- The court denied motions for JNOV and a new trial; the final judgment sentenced Pulliam to concurrent 30-year terms with post-release supervision as described.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Batson challenge to peremptory strikes | Pulliam argues strikes were racially motivated | Pulliam suggests State’s reasons were pretextual | Batson objections overruled; explanations race-neutral and credible; no reversible error |
| Black & Mild testimony and curative instruction | Objection to testimony; curative instruction insufficient | Instruction cured any taint; no prejudice | No reversible error; curative instruction upheld |
| Sufficiency of the evidence | Evidence insufficient to sustain verdicts | Evidence supports two cocaine sales | Sufficient evidence to sustain verdicts; no reversal for insufficiency |
| Weight of the evidence | Verdicts contrary to the weight of the evidence | Trial court acted within discretion | No weight-of-evidence reversal; standards defer to jury findings |
Key Cases Cited
- Golden v. State, 984 So.2d 1026 (Miss.Ct.App. 2008) (Batson standard; race-neutral explanations require rebuttal if prima facie case shown)
- Beulah Flowers v. State, 947 So.2d 910 (Miss. 2007) (valid race-neutral reasons for strikes; pretext analysis)
- Birkhead v. State, 57 So.3d 1223 (Miss. 2011) (great deference to Batson findings on appeal)
- Puckett v. State, 788 So.2d 752 (Miss.2001) (pattern of discriminatory strikes relevant to Batson)
- Bush v. State, 895 So.2d 836 (Miss.2005) (weight-of-evidence standard; guidance for new-trial discretion)
- Hollins v. State, 799 So.2d 118 (Miss.Ct.App. 2001) (credibility of witness and sufficiency considerations)
- Clark v. State, 40 So.3d 531 (Miss.2010) (curative instructions and juror follow-through presumed)
- Davis v. State, 660 So.2d 1228 (Miss.1995) (demeanor-based race-neutral peremptory challenges)