 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Manning v. State3/31/1999
ircumstances for the jury's consideration: the defendant's age, relative intelligence, and mental condition; that the defendant came from an abused family; that the defendant had children at an early age; whether the defendant was under the influence of extreme mental or emotional disturbances; whether the defendant's capacity was substantially impaired; that the defendant came from a poor family; that the defendant was a single parent; and any other circumstances which you deem mitigating. Manning's contention that the jury was not given any non-statutory examples of mitigating circumstances is simply untrue. Miss. Code Ann. § 99-19-101(6) (1994). Furthermore, the use of the catch-all instruction eliminates the possibility "that the jury was unconstitutionally foreclosed from considering all mitigating circumstances." Berry, 703 So. 2d at 287. "A catchall instruction is sufficient to encompass non-statutory mitigating factors." Lester, 692 So. 2d at 799.
. The ample sentencing instructions in this case sufficiently informed the jury of the process of weighing the aggravating and mitigating circumstances.
XV.
THE ACCUMULATION OF ERROR IN THIS CASE REQUIRES THAT THE DEATH SENTENCE BE SET ASIDE.
. In his final assignment of error, Manning urges this Court to reverse his conviction and sentence based upon the cumulative impact of the errors at his trial. A conviction and sentence may be reversed based upon the cumulative effect of errors that independently would not require reversal. Jenkins v. State, 607 So. 2d 1171, 1183-84 (Miss.1992); Hansen, 592 So. 2d at 153. However, where "there was no reversible error in any part, so there is no reversible error to the whole." McFee, 511 So. 2d at 136. Manning's only assignment of error with any merit is the Batson issue, which merely calls for remand to the trial court for a Batson hearing. Thorson, 653 So. 2d at 896. We therefore reject Manning's argument on accumulation of error.
CONCLUSION
. The trial court erred in overruling Manning's Batson objection to the racial composition of the jury without first holding a Batson hearing. We must therefore remand this case to the Oktibbeha County Circuit Court for a Batson hearing, at which the State will be required to articulate race-neutral reasons for its peremptory strikes on the second venire. In turn, Manning will be given the opportunity to challenge and rebut away such reasons. "If the circuit court should thereafter find purposeful discrimination in violation of Batson, it should order a new trial. On the other hand, should no impermissible discrimination be found, the circuit court should by opinion and order make its factual findings and certify the same to this Court." Thorson, 653 So. 2d at 896. Manning has failed to raise any other assignments of error on appeal requiring reversal, so we affirm on all other issues.
. REMANDED TO THE CIRCUIT COURT OF OKTIBBEHA COUNTY TO CONDUCT A BATSON HEARING; AFFIRMED ON ALL REMAINING ISSUES.
PRATHER, C.J., PITTMAN, P.J., BANKS, MILLS AND WALLER, JJ., CONCUR. McRAE AND SMITH, JJ., NOT PARTICIPATING.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Mississippi DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|