Terrence Shannon v. State of Mississippi
281 So.3d 868
Miss. Ct. App.2019Background
- Terrence (Todd) Shannon shot Sam Isabell in the head after an altercation; two acquaintances (Ricardo Roman and James McKinley) were present.
- Shannon was convicted by a Tunica County jury of first-degree murder with a firearm enhancement and of possession of a firearm by a felon; sentenced to life for murder and ten years for felon-in-possession, concurrent.
- Shannon moved for JNOV or a new trial; the trial court denied the motion and he appealed.
- On appeal Shannon argued (1) improper voir dire leading to a biased jury and (2) erroneous admission of Roman’s eyewitness testimony.
- The court reviewed voir dire and evidentiary rulings for abuse of discretion and applied waiver/plain-error principles because Shannon did not contemporaneously object at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether voir dire was conducted properly (jury bias) | Shannon: trial court’s voir dire was defective, producing a jury biased for the State (cites specific jurors) | State: Shannon failed to object at trial so issue is waived; at most plain error review applies and voir dire was adequate | Affirmed — no reversible error; Shannon waived contemporaneous objection and no manifest miscarriage of justice shown |
| Whether Roman’s testimony should have been excluded (identification reliability) | Shannon: Roman’s limited eyesight and use of a street name ("Todd") made his ID testimony unreliable | State: Roman testified he could see clearly at the time of the shooting; identification not meaningfully disputed given other testimony placing Shannon at scene | Affirmed — admitting Roman’s testimony was not an abuse of discretion; no plain-error basis for reversal |
Key Cases Cited
- Jackson v. State, 791 So. 2d 830 (Miss. 2001) (standard of review for voir dire is abuse of discretion)
- Berry v. State, 575 So. 2d 1 (Miss. 1990) (voir dire review and discretion principles)
- Davis v. State, 684 So. 2d 643 (Miss. 1996) (prejudice required to show abuse in voir dire)
- Morales v. State, 990 So. 2d 273 (Miss. Ct. App. 2008) (failure to object at trial waives issue on appeal)
- Goodin v. State, 787 So. 2d 639 (Miss. 2001) (contemporaneous objection rule)
- Carr v. State, 190 So. 3d 1 (Miss. Ct. App. 2015) (failure to object to jury composition waives complaint)
- Thorson v. State, 895 So. 2d 85 (Miss. 2004) (same)
- Stephens v. State, 911 So. 2d 424 (Miss. 2005) (plain-error two-part test: error and manifest miscarriage of justice)
- Mack v. State, 237 So. 3d 778 (Miss. Ct. App. 2017) (presumption that voir dire is sufficient; party must show prejudice)
- Keller v. State, 138 So. 3d 817 (Miss. 2014) (voir dire standard and court discretion)
- Hughes v. State, 983 So. 2d 270 (Miss. 2008) (key inquiry: venire members’ assurance of impartiality)
- Jenkins v. State, 253 So. 3d 349 (Miss. Ct. App. 2018) (abuse-of-discretion standard for evidentiary rulings)
- Mingo v. State, 944 So. 2d 18 (Miss. 2006) (evidentiary rulings reversed only if substantial rights affected)
- Ervin v. State, 136 So. 3d 1053 (Miss. 2014) (distinguished; reversed where identification was flawed)