White v. State
2013 WL 5946157
Miss.2013Background
- White was convicted of manslaughter in Claiborne County and sentenced to 20 years MDOC.
- White challenged grand-jury influence, expert testimony restrictions, and jury instructions.
- The State’s sequestration objection led to exclusion of White’s witness Ricky Thompson.
- Trial also involved limiting White’s self-defense theory under the Castle Doctrine.
- Court of Appeals affirmed; Supreme Court granted certiorari on Thompson and Castle Doctrine issues.
- Court reverses and remands for a new trial on the two affirmed issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sequestration violation handling of Thompson | Thompson violated Rule 615 and should be allowed to testify | Court properly excluded Thompson due to courtroom presence | Abuse of discretion; exclusion improper; remand for possible new trial. |
| Castle Doctrine jury instruction denied | Castle Doctrine presumption should govern self-defense | Insufficient evidence to warrant instruction | White entitled to a Castle Doctrine jury instruction; error to deny. |
Key Cases Cited
- Douglas v. State, 525 So.2d 1312 (Miss. 1988) (abuse-of-discretion standard for sequestration remedies)
- Brown v. State, 682 So.2d 340 (Miss. 1996) (remedy via cross-examination for sequestration violations)
- Holder v. United States, 150 U.S. 91 (1893) (rights to compulsory process and limits on exclusion for rule violations)
- Braswell v. Wainwright, 463 F.2d 1148 (5th Cir. 1972) (waiver/consent considerations in sequestration violations)
- U.S. v. Suarez, 487 F.2d 236 (5th Cir. 1973) (sequestration violation remedies and prejudice considerations)
- U.S. v. Warren, 578 F.2d 1058 (5th Cir. 1978) (appropriate sanctions for sequestration violations vary by prejudice)