125 So. 3d 66
Miss. Ct. App.2013Background
- Talbert was convicted of murder in DeSoto County and sentenced to life imprisonment.
- Evidence included his recorded confession after waiving rights, and a gun (plus crack pipe) recovered from him.
- The State’s case included Talbert’s motive to confront his ex-girlfriend during a dispute at her apartment.
- Talbert appealed, arguing numerous trial errors; the Mississippi Office of Indigent Appeals represented him under Lindsey v. State.
- The court affirmed the conviction and sentence after reviewing Talbert’s arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntariness of waiver and curative suppression ruling | Talbert asserts his waiver was involuntary due to intoxication. | Talbert contends the statement was not knowingly and voluntarily made. | Waiver supported by totality of circumstances; statement voluntary. |
| Credibility of officer testimony about weapon retrieval | Officer Samples fabricated or perjured testimony about pat-down and gun. | Discrepancy undermines trial integrity and merits new trial. | Misstatement not material; no basis for new trial. |
| Admissibility of diminished-capacity/mental-illness defense | Dr. Lott’s testimony would show diminished capacity affecting intent. | Diminished capacity is a permissible consideration in Mississippi. | Diminished capacity not a recognized defense; exclusion proper. |
| Prosecutor's voir dire and closing statements | Prosecutor misled venire by implying punishment role; closing used ‘murder’ to inflame. | No due-process violation; no improper impact on verdict. | No reversible misconduct; statements within permissible argument; waiver due to lack of contemporaneous objection. |
| Gender-based peremptory strikes and jury composition | Jury largely female violated Batson/Gov’t anti-discrimination principles. | Strike reasons were gender-neutral; defense used most strikes on males. | No Batson violation; gender-neutral reasons supported by record. |
Key Cases Cited
- Taylor v. State, 94 So.3d 298 (Miss. Ct. App. 2011) (voluntariness of waiver; totality of circumstances)
- Pearson v. State, 428 So.2d 1361 (Miss. 1983) (due-process implications of false evidence; perjury)
- Adams v. State, 62 So.3d 432 (Miss. Ct. App. 2011) (voluntary intoxication not a defense)
- Goff v. State, 14 So.3d 625 (Miss. 2009) (closing argument limitations; admissible inferences)
- J.E.B. v. Alabama, 511 U.S. 127 (U.S. 1994) (prohibition on gender-based peremptory strikes)
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (race-based peremptory strikes prohibited)
- Bullcoming v. New Mexico, 131 S. Ct. 2705 (U.S. 2011) (Confrontation Clause and forensic reports)
- Mhoon v. State, 464 So.2d 77 (Miss. 1985) (voir dire adequate; impartial jurors; per se exclusions not required)
- Taylor v. State, 94 So.3d 298 (Miss. Ct. App. 2011) (voluntariness of waiver; totality of circumstances)