DUI Lawyers Directory. Search for a dui lawyer near you. Operating a vehicle while drinking could cause judicial actions.
 Zip Code Search for DUI Lawyers
Defending Alleged Drunk Driving Criminal Acts Read about successful dui defense cases from member dui lawyers Read about successful dui defense cases from member dui lawyers Membership at DUI Defenders Discuss issues related to dui/dwi/owi Contact Us about a DUI Lawyer
facebook.com/MyDUI

  to fill out a simple form to connect to DUI Lawyers in your area.

Taylor v. State

2/4/1999

DATE OF JUDGMENT: 04/25/97


TRIAL JUDGE: HON. R. I. PRICHARD, III


COURT FROM WHICH APPEALED: PEARL RIVER COUNTY CIRCUIT COURT


NATURE OF THE CASE: CRIMINAL - FELONY


DISPOSITION: REVERSED AND REMANDED - 2/4/99


. This case raises the issue of whether evidence should have been suppressed where the officer did not seize the evidence during the initial entry into the defendant's home at the time of arrest, but rather upon subsequent entries. The defendant also claims that the trial court erred in holding that he, on invoking Batson, would be required to provide race-neutral reasons for striking white jurors without the State first raising objection and showing a prima facie case for discrimination. We find that the entry into the defendant's home was warranted under the exigent circumstances doctrine and that the seizure of the evidence was warranted by the plain view doctrine. We, therefore, affirm the trial court's ruling regarding the admissibility of the evidence seized from the defendant's home and regarding the sufficiency of the evidence. We conclude however, that the trial court committed reversible error in disallowing certain defense strikes of jurors. Therefore, we reverse and remand.


I.


. Edith Chaves died on June 1, 1994, from complications associated with burns she received on May 4, 1994. Taylor was charged with causing Edith's injuries. On May 4, 1994, Julius ("Julius") and Rosalyn ("Rosalyn") Jones accompanied Taylor ("Taylor") from Louisiana to Pearl River County, Mississippi. They had agreed to assist him in getting himself and Edith Chaves ("Edith"), his girlfriend, to a detox center. Both Taylor and Edith had serious drinking problems and both were under the influence on May 4, 1994. In fact, Edith had recently been released from a detox facility. Taylor was also afraid that he may have hurt Edith by kicking her in the head earlier that day. Both Joneses testified that when they reached Edith's house she did not appear to be in good shape. Edith moved slowly and had a hard time moving on her own. Edith also complained of a headache.


. Rosalyn assisted Edith in getting out of the tub and tried to help her dress, but stated that Edith was limp and would not cooperate. Rosalyn testified that she gave up trying to dress Edith and sent Taylor into the bathroom to try and dress her. Rosalyn stated that while she and Julius waited in the living room she heard Taylor raise his voice at Edith, cussing her. After Julius got Taylor calmed down, Taylor asked the Joneses to leave for a while and give him and Edith time to get ready. Refusing to drive back to Louisiana, the Joneses went outside and sat on the front porch, while Taylor, closing the front door, went back into the house. Rosalyn testified that she heard Edith say "no" several times and shortly thereafter Taylor called for Julius to come and help him.


. Julius testified that when he got to the bathroom Edith was lying on the bathroom floor burning. Julius further testified that after he and Taylor had poured water on Edith to put out the fire, Taylor ran into the woods and did not come back. When Julius came out of the bathroom and told Rosalyn that Edith had burned she ran outside and waved down Ms. Mattie Delancey, Edith's neighbor, to call for help. . Upon receiving the call, Sheriff's Deputies Wesley Lossett and Len Landrum were dispatched to Edith's residence. They were told that there was a domestic dispute. When they arrived they found Julius and Rosalyn standing outside. The Joneses directed them through the house and into the bathroom. Upon entering the bathroom of the house the deputies found Edith lying nude on the

Page 1 2 3 4 5 6 7 8 9 

Mississippi DUI Attorneys    DUI Lawyers


  to fill out a simple form to connect to DUI Lawyers in your area.

DUI Driving Defined Highway Defined
Under Influence Defined DUI/3 Strikes DUI & Manslaughter
DUI & Murder DUI Punishment Sobriety Checkpoints
DMV's Role in DUI Revocation vs. Suspension Field Sobriety Testing
Speed Measurement Prior DUI Convictions Drawing Blood & Consent
Refusal to Test DUI Lawyers Testimonials by Member DUI Lawyers
DUI Articles Ignition Interlock Implied Consent
Summary DUI License Suspension In-home Arrest Vehicle Defined
FDP  |   RSS Feeds  |  Articles  |  Jobs  |  Leads  |  Partner Websites  |  Draeger FAQ
SiteMap | DUI Blog | DUI Lawyers | DUI Attorneys | Trading Partners | Member Agreement | Terms of Service
Attorneys Click Here | DUI Case Laws | FAQ | DUI Forum | Directory of DUI Attorneys | Success Stories  | Press Releases
Copyright © 2004. “DUI Defenders”. All rights reserved.