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Counsel Failed to Ensure That Juror Dorothy E-Filed Document Oct 12 2015 16:39:42 2014-DP-00177-SCT Pages: 64 IN THE SUPREME COURT OF MISSISSIPPI No. 2014-DP-00177 JAMES COBB HUTTO, III APPELLANT v. STATE OF MISSISSIPPI APPELLEE Appeal from the Circuit Court of Hinds County Second Judicial District Case No. 2011-5-005 BRIEF OF APPELLANT André de Gruy Mississippi Bar Number 8679 Office of the State Public Defender Capital Defense Counsel Division 239 North Lamar Street Suite 604 Jackson Mississippi 39201 (601) 576-2315 ATTORNEY FOR APPELLANT CERTIFICATE OF INTERESTED PERSONS The undersigned counsel of record certifies pursuant to Mississippi Rules of Appellate Procedure 28(a)(1) that the following persons have an interest in the outcome of the case. These representations are made in order that the Justices of this Court may evaluate possible disqualification or recusal. Hon. William A. Gowan James Cobb Hutto, III Post Office Box 22711 Defendant/Appellant Jackson, Mississippi 39225 Mississippi State Penitentiary Presiding Judge Parchman, Mississippi 38738 Michael L. Knapp, Esq. Hon. Robert Shuler Smith, DA 251 August Drive Shaun Yurtkuran, Esq. ADA Brandon, Mississippi 39042-8474 Lora Hunter, Esq. ADA Trial Counsel for Defendant Post Office Box 2247 Jackson, Mississippi 39225-2747 Trial Counsel for the State André de Gruy, Esq. Jim Hood., Esq. State Public Defender Jason L. Davis, Esq. Capital Defense Counsel Division Office of the Attorney General 239 North Lamar Street Suite 604 Post Office Box 220 Jackson, Mississippi 39201 Jackson, Mississippi 39205 Trial & Appellate Counsel Appellate Counsel for the State for Defendant/Appellant This the 12th day of October, 2015. By: s/ André de Gruy, MB #8679 Attorney for James Cobb Hutto III Office of the State Public Defender Capital Defense Counsel Division 239 North Lamar Street Suite 604 Jackson Mississippi 39201 (601) 576-2315 [email protected] i TABLE OF CONTENTS CERTIFICATE OF INTERESTED PERSONS .............................................................................. i TABLE OF AUTHORITIES ......................................................................................................... iv STATEMENT OF ISSUES .......................................................................................................... vii STATEMENT OF THE CASE ....................................................................................................... 1 Procedural History ................................................................................................................ 1 STATEMENT OF FACTS ............................................................................................................. 2 SUMMARY OF THE ARGUMENT ............................................................................................. 3 ARGUMENT .................................................................................................................................. 4 Standard of Review ............................................................................................................... 4 I. THE PROSECUTION ABUSED ITS DISCRETION IN SEEKING THE DEATH PENALTY AGAINST HUTTO BUT NOT AGAINST GEORGE AFFLECK BASED ON SOCIO-ECONOMIC FACTORS AND/OR A POSITION THAT DOMESTIC CRIMES ARE LESS IMPORTANT .................................................................................... 5 II. THE TRIAL COURT ERRED IN HOLDING HUTTO WAS COMPETENT TO BE TRIED AND IN NOT ORDERING FURTHER EVALUATION MID-TRIAL WHEN HIS IRRATIONAL BEHAVIOR ESCALATED ................................................................. 7 A. Evidentiary Background. .................................................................................................. 7 B. Law of Competency. ...................................................................................................... 10 C. The Trial Court Misapplied the Law. ............................................................................. 14 D. Further Error in Failing to Order Evaluation Mid-Trial. ................................................ 17 III. THE TRIAL COURT ERRED BY ADMITTING INTO EVIDENCE CUSTODIAL STATEMENTS OF HUTTO TO LAW ENFORCEMENT ............................................... 19 IV. THE TRIAL COURT ERRED IN SUBMITTING THE “PRIOR VIOLENT FELONY” AGGRAVATING CIRCUMSTANCE TO THE JURY. ................................. 23 V. THE TRIAL COURT ERRED IN EXCLUDING RELEVANT EVIDENCE OFFERED IN MITIGATION IN VIOLATION OF STATE LAW AND THE STATE ii AND FEDERAL CONSTITUTIONS ................................................................................ 27 VI. THE ADMISSION OF OVERLY PREJUDICIAL AND INFLAMMATORY POST- AUTOPSY PHOTOGRAPHS MANDATES REVERSAL OF THE CONVICTION AND/OR SENTENCE ........................................................................................................ 32 VII. HUTTO’S CONSTITUTIONAL RIGHT TO CONFRONT WITNESSES WAS VIOLATED BY THE TRIAL COURT GRANT OF PROSECUTION MOTION IN LIMINE ............................................................................................................................... 33 VIII. HUTTO’S RIGHT TO A FAIR TRIAL WAS VIOLATED WHEN A FORMER JAIL ADMINISTRATOR TESTIFIED THAT HUTTO HAD MADE THREATS TO HIM .... 36 IX. THE TRIAL COURT ERRED IN ALLOWING EXTENSIVE IRRELEVANT AND PREJUDITIAL VICTIM CHARACTER EVIDENCE TO BE INTRODUCED OVER DEFENSE OBJECTION. .................................................................................................... 37 X. THE TRIAL COURT ERRED IN DENYING A THEORY OF DEFENSE INSTRUCTION THAT WAS A PROPER INSTRUCTION ON THE LAW, SUPPORTED BY THE EVIDENCE AND FOUND NO WHERE ELSE IN THE INSTRUCTIONS GIVEN. ................................................................................................. 39 XI. THE TRIAL COURT ERRED IN ALLOWING SPECULATIVE AND UNRELIABLE OPINION TESTIMONY IN VIOLATION OF THE RULES OF COURT AND THE STATE AND FEDERAL CONSTITUTIONS WHICH PREJUDICED HUTTO IN BOTH THE GUILT AND SENTENCING PHASE OF THIS TRIAL. ...................................................................................................................... 41 A. Speculation is Improper at the Culpability Phase. ......................................................... 42 B. Speculation Supporting an Aggravating Factor Violates the Eighth Amendment......... 43 XII. THE TRIAL COURT ERRED IN ALLOWING THE JURY TO CONSIDER THE UNDERLYING FELONY AS AN AGGRAVATING FACTOR IN SENTENCING. ..... 47 XIII. THE DEATH SENTENCE IN THIS MATTER IS CONSTITUTIONALLY AND STATUTORILY DISPROPORTIONATE. ........................................................................ 50 XIV. THE CUMULATIVE EFFECT OF THE ERRORS IN THE TRIAL COURT ANDATES REVERSAL OF THE VERDICT OF GUILT AND/OR SENTENCE OF DEATH . ............................................................................................................................. 53 iii TABLE OF AUTHORITIES Cases Abrams v. State, 606 So. 2d 1015 (Miss. 1992) ............................................................................ 21 Addkison v. State, 608 So. 2d 304, 310 (1992) ............................................................................. 16 Apprendi v. New Jersey, 530 U.S. 466 (2000) ........................................................................ 48, 49 Arizona v. Fulminante, 499 U.S. 279 (1991), ................................................................................. 5 Arizona v. Roberson, 486 U.S. 675 (1988) ............................................................................. 21, 22 Balfour v. State, 598 So.2d 731 (Miss.1992) ............................................................................ 4, 22 Banyard v. State, 47 So. 3d 676 (Miss. 2010) .............................................................................. 40 Beck v. Alabama, 447 U.S. 625 (1980) ........................................................................................... 6 Blue v. State, 674 So. 2d 1184 (Miss. 1996). ................................................................................ 48 Bonds v. State, 138 So. 3d 914 (Miss. 2014) ................................................................................ 32 Box v. State, 437 So. 2d 19 (Miss. 1983) ...................................................................................... 28 Bullcoming v. New Mexico, 131 S. Ct. 2705 (2011) ..................................................................... 35 Conner v. State, 632 So. 2d 1239 (Miss. 1993) ...................................................................... 11, 13 Cox v. State, 586 So. 2d 761 (Miss. 1991) ...................................................................................... 20 Crawford v. Washington, 541 U.S. 36 (2004) ........................................................................ 34, 35 Darden v. Wainwright, 477 U.S. 168 (1985) ................................................................................ 45 Delaware v. Van Arsdall, 475 U.S. 673 (1986) .............................................................................. 5 Dickerson v. State, --- So. 3d. ---. --- (Miss. 2015), No. 2012-DP-01500-SCT at ¶ 121, 2015 WL 3814618 (Miss. June 18, 2015) ................................................................................................. 52 Downey v. State, 144 So. 3d 146 (Miss. 2014) ............................................................................. 20 Duplantis v. State, 644 So. 2d 1235 (Miss. 1994) ........................................................................ 22 Dusky v. United States, 362 U.S. 402, 402 (1960).......................................................................
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