Stokes v. State
141 So. 3d 421
| Miss. Ct. App. | 2013Background
- Stokes was convicted of conspiracy to commit murder; he argues the State used perjured testimony violating due process, but the issue centers on the prosecutor’s statements of personal disbelief rather than perjury.
- The State accused Stokes and co-conspirators of planning to kill Ira Phillips over a drug debt; Phillips’s body was found in a Panola County cul-de-sac.
- Dantzson testified that Ruffin, Stokes’s uncle, was involved in the conspiracy and that Ruffin demanded violence to reduce Dantzson’s debt; Stokes supplied the Tek-9 and told to “take care” of Phillips.
- Lawson, Ruffin, Dantzson, and Stokes rode to the cul-de-sac; witnesses placed Stokes near the scene and discouraged others from driving into the cul-de-sac.
- During Ruffin’s testimony, the prosecutor stated he did not believe Ruffin’s denial of involvement; similar statements occurred in opening and closing arguments.
- Stokes’s trial resulted in a conspiracy conviction and a 10-year sentence, with an additional 10 years of post-release supervision and fines; another count for murder was acquitted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of challenge to Ruffin testimony | Stokes asserts perjury-related due-process concerns and seeks review despite no trial objections. | State claims waiver due to lack of contemporaneous objection. | Waived; no appellate review absent plain error. |
| Prosecutor's personal belief about credibility | Stokes argues prosecutor improperly expressed personal belief that Ruffin lied. | State contends comments were improper but not prejudicial and within discretion. | Improper but harmless error; constitutional rights not violated. |
| Impact of prosecutor's comments on the outcome | Comments undermined fairness and possibly invalidated the conspiracy verdict. | Evidence overwhelmingly supported guilt independent of comments. | No miscarriage of justice; verdict affirmed. |
| Weight of the evidence supporting conspiracy | Weight of the evidence was against the verdict and warranted a new trial. | Weight of the evidence did not heavily preponderate against the verdict. | Motion for new trial denied; verdict upheld. |
Key Cases Cited
- Giglio v. United States, 405 U.S. 150 (1972) (false evidence due process concerns; credibility of witnesses)
- Napue v. Illinois, 360 U.S. 264 (1959) (perjury and due-process violations when false statements affect conviction)
- Mooney v. Holohan, 294 U.S. 103 (1935) (due-process limits on deception of juries)
- Palmer v. State, 878 So.2d 1009 (Miss. Ct. App. 2004) (prosecutor’s personal opinions about credibility improper)
- Gallardo-Trapero, 185 F.3d 307 (5th Cir. 1999) (prosecutor’s opinion about credibility when not based on evidence is improper)
- Foster v. State, 639 So.2d 1263 (Miss. 1994) (contemporaneous objection rule and waiver of improper vouching)