Whitaker v. State
114 So. 3d 725
| Miss. Ct. App. | 2012Background
- Whitaker III was convicted of aggravated assault and burglary of a dwelling, habitual offender status, and fined $10,000.
- Clarks’s granddaughter testified the house was broken into and Clark beaten; Clark later died.
- Whitaker confessed after Miranda warning while hospitalized on narcotics; he did not sign the statement.
- Whitaker’s arraignment was March 25, 2009; trial occurred November 9, 2010 after multiple continuances.
- The court admitted the confession, denied suppression, and sentenced Whitaker to consecutive 25-year and 20-year terms.
- The defense challenged voir dire, speedy-trial rights, and weight of the evidence; the court denied relief on all.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the jury tainted by voir dire comments? | Three jurors’ remarks suggested bias; mistrial requested. | Panel could still be fair; no taint shown. | No reversible error; panel presumed fair. |
| Was Whitaker denied a speedy trial? | Delay violated 270-day rule and Barker factors. | Delay excused by waivers and continuances; no prejudice. | No constitutional speedy-trial violation. |
| Was the confession properly admitted? | Confession obtained under narcotics; coercive influence. | Voluntary waiver; Miranda warnings given; weight for jury. | Confession properly admitted under totality-of-circumstances. |
| Is the verdict against the weight of the evidence? | Whitaker unaware of plan; lack of knowledge. | Evidence shows Whitaker’s active participation and knowledge. | No weight-of-evidence reversal; verdict supported. |
Key Cases Cited
- Wilkins v. State, 1 So.3d 850 (Miss. 2008) (weight of the evidence standard on new trial review)
- Ivy v. State, 949 So.2d 748 (Miss. 2007) (standard for abusive discretion in trials)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (weight-of-evidence standard and credibility)
- Young v. State, 831 So.2d 585 (Miss.Ct.App. 2002) (jury follow instructions presumption)
- Ragin v. State, 724 So.2d 901 (Miss. 1998) (bias in voir dire and mistrial discretion)
- Hopson v. State, 625 So.2d 395 (Miss. 1993) (taint considerations for voir dire)
- Holland v. State, 705 So.2d 307 (Miss. 1997) (limits on voir dire taint and panel disqualification)
- Flores v. State, 574 So.2d 1314 (Miss. 1990) (Barker factors in speedy-trial analysis)
- Beavers v. Haubert, 198 U.S. 77 (U.S. 1905) (speedy-trial right depends on circumstances)
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (balancing factors for constitutional speedy trial)
- Flores v. State, 574 So.2d 1314 (Miss. 1990) (relevance to speedy-trial analysis)
- Beavers v. Haubert, 198 U.S. 77 (U.S. 1905) (speedy-trial analysis framework)