298 So.3d 1046
Miss. Ct. App.2020Background
- Deputy Lemuel Rutledge went to the Pieces nightclub after learning Tony Chisholm (who had outstanding felony warrants) was there; after a brief conversation Chisholm re-entered his SUV and left via a nonstandard exit.
- Rutledge (and later Deputy Elliot Lowe) followed with blue lights and siren activated; Chisholm did not stop.
- During the pursuit Chisholm allegedly exceeded the speed limit, passed cars in a no-passing zone, ran a stop sign, made an erratic turn, and forced other vehicles off the road; deputies ultimately lost sight of him.
- Law enforcement located and arrested Chisholm four days later; a grand jury indicted him for felony fleeing under Miss. Code Ann. § 97-9-72.
- A Wilkinson County jury convicted Chisholm of felony fleeing; the circuit court sentenced him to five years in MDOC; post-trial motions were denied and Chisholm appealed.
- On appeal Chisholm argued (1) insufficient evidence (should be misdemeanor at most), (2) juror bias/ties to law enforcement, (3) deputy did not advise arrest/Miranda before he left the lot, and (4) the verdict form did not permit the jury to return a misdemeanor verdict despite a lesser-offense instruction.
Issues
| Issue | Chisholm's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence (felony v. misdemeanor) | Evidence showed at most misdemeanor fleeing; no injuries or accidents | Rutledge’s testimony showed failure to stop plus reckless driving (speeding, passing, running stop sign, forcing cars off road) meeting felony standard | Affirmed: evidence sufficient for felony fleeing (reckless/willful disregard established) |
| Jury impartiality | Jurors had ties to law enforcement; biased against him | No record evidence of prejudice; trial court did not abuse discretion in jury selection | Affirmed: no showing of bias or abuse of discretion |
| Miranda/arrest warning | Deputy didn’t tell him he was under arrest or give Miranda before he left the lot | Miranda/arrest are not elements of fleeing statute and not required pre-stop | Affirmed: not a predicate element; claim merits no relief |
| Lesser-included instruction / verdict form | Jury was not given the option on the verdict form despite instruction on misdemeanor fleeing | Record shows the verdict form did include the misdemeanor option; issue raised first in reply brief | Affirmed: record contradicts assertion; issue waived when first raised in reply brief |
Key Cases Cited
- Williams v. State, 35 So. 3d 480 (Miss. 2010) (standard for reviewing sufficiency of the evidence)
- Hobson v. State, 181 So. 3d 1021 (Miss. Ct. App. 2015) (holding reckless driving during a pursuit supports felony fleeing conviction)
- Dewitt v. State, 269 So. 3d 388 (Miss. Ct. App. 2018) (burden to show juror bias; voir dire discretion)
- Taylor v. State, 90 So. 3d 97 (Miss. Ct. App. 2011) (trial court discretion in juror removal; abuse-of-discretion standard)
- Simmons v. State, 805 So. 2d 452 (Miss. 2001) (failure to cite authority allows appellate court to decline review)
- Nelson v. State, 69 So. 3d 50 (Miss. Ct. App. 2011) (issues raised first in reply brief are not considered)
- Sanders v. State, 678 So. 2d 663 (Miss. 1996) (same rule on late-raised issues)
- Miranda v. Arizona, 384 U.S. 436 (1966) (Miranda warning requirement for custodial interrogation)