States v. State
88 So. 3d 749
| Miss. | 2012Background
- Shawn States was convicted of capital murder while armed during a holdup of two victims, Justin Howard and Antoine Reece.
- No gun linked States to the murders was recovered and no forensic evidence tied him to the crime.
- Evidence showed States pursued a plan involving Tarver (a fictitious figure in his statements) and subsequent admissions to involvement in the robbery and killings.
- During voir dire, State challenged the State’s peremptory strikes of seven African-American female venire members as racially/gender-based; the court overruled the Batson challenge.
- States moved for circumstantial-evidence instructions, arguing his recantations should negate admissions as direct evidence; the court refused.
- The State sought a flight instruction; the court allowed it, and the jury received a flight pattern that States contends was unsupported, though the verdict remained intact as harmless error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Batson challenge sufficiency | States argued strikes discriminated by race and gender. | State contends no prima facie case established due to totality of strikes and venire composition. | Trial court did not err; no reversible Batson error. |
| Circumstantial-evidence instructions | States sought three circumstantial-evidence instructions due to admissions/recantations. | Recanted statements do not render admissions non-direct evidence; circumstantial instructions unnecessary. | Court properly refused circumstantial-evidence instructions. |
| Flight instruction | Flight instruction was improper because States explained he went to Florida to see his girlfriend; no unexplained flight. | Flight evidence showed consciousness of guilt based on taking the car and fleeing to Florida. | Flight instruction given was error but harmless in light of overwhelming evidence. |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (three-part Batson test and discrimination prohibition)
- Pitchford v. State, 45 So.3d 216 (Miss. 2010) (relevance to prima facie discrimination and venire composition)
- Birkhead v. State, 57 So.3d 1223 (Miss. 2011) (insufficient record to reverse without venire makeup data)
- Randolph v. State, 852 So.2d 547 (Miss. 2002) (flight instruction cautioned; special concurrence on danger of flight instruction)
- Lynch v. State, 877 So.2d 1254 (Miss. 2004) (admission against the underlying felony can establish elements for capital murder)
- Fuselier v. State, 468 So.2d 45 (Miss. 1985) (flight evidence and admissibility framework)
- Liggins v. State, 726 So.2d 180 (Miss. 1998) (flight as evidence of consciousness of guilt)
- Reed v. State, 91 So.2d 269 (Miss. 1956) (historical statements on circumstantial/direct evidence nexus)