In this burglary and attempted sexual-assault case, the defendant, Dwight Coverson, broke into Curtescine Lloyd's home in Edwards, Mississippi, on the night of February 3, Coverson burglarized Lloyd's home and then attempted but failed to sexually assault her.
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Moulder recovered Coverson's clothing which Coverson had left behind in the victim's bedroom. Deputy Moulder found the words, "Dwight Coverson," written on the inside of the pants' front pocket.
At approximately a. Moulder advised Coverson of his rights, but he did not interview him until about Luck WI horny girls hours later around a. At that time, Moulder again advised Coverson of his rights. Coverson responded that he understood his rights and wanted to talk. He confessed that he broke into the victim's home thinking no one was home to commit a burglary.
He also admitted to being under the influence of drugs and alcohol at the time of the incident. The trial resulted in a guilty verdict against Coverson. During voir dire, the State challenged for cause eight prospective jurors; the judge allowed six of these challenges. Coverson questioned the validity of three of these six challenges.
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The first challenge involved prospective juror, Ruby Frazier. Frazier informed the judge and attorneys that she had known Coverson, his mother, and brothers "on a friendly basis" for as long as "fifteen years. The judge briefly explained the basis of his decision: "[J]ust knowing the defendant's mother would surely not be a Single mom seeking sex in McBee basis to excuse a juror.
But there is certainly much additional evidence to indicate to the Court that this juror should be excused for cause.
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The second prospective juror excused for cause C. Thompson also admitted that he had known Coverson and his Wife want sex tonight Walnutport. In fact, Thompson noted that he had known Coverson all his life and that he had lived only four or five houses away from Coverson's. The third prospective juror excused for cause Chester Moore admitted that he had known Coverson and his family all his life.
He added that he had known Coverson's deceased father for over 35 years and that he had worked with Coverson's uncle on a daily basis for years. Coverson contends that, the foregoing notwithstanding, the judge should not have allowed the State's challenges since the prospective jurors stated that they could be fair and impartial.
On substantive grounds, statutory and case law empowered the judge with broad discretion to determine whether a prospective juror can be impartial notwithstanding the juror's admission under oath that he or she can be impartial.
See Burt v. State, So. Code Ann. On procedural grounds, once the judge exercised his discretion and determined that the jurors probably could not be impartial, then the determination may not be ased on appeal as an error:.
In short, the important and long-established maxim has been: 1 that a defendant has no right to have specific prospective jurors try his or her case, and 2 that the defendant cannot complain on appeal of a particular exclusion if the end result was a jury composed of fair and impartial jurors.
See Sherman v.
Coverson v. state
State, Miss. Coverson does not complain that the jury which tried his case was not fair and impartial.
He Kapolei women for fucking complains that the judge should not have excused for cause his three life-long friends Frazier, Thompson, and Moore. Applying the law to the evidence, this Court concludes that Coverson has failed to prove that the judge abused his discretion.
The judge obviously felt that the three prospective jurors could encounter difficulty with a decision to send their friend to prison for 25 years.
Surely, one cannot find fault with the judge for making such a reasonable and cautious determination. In sum, this Court affirms on this issue on procedural grounds i.
As noted in Section I of this opinion, Deputy Moulder twice read Coverson his Miranda rights after which Coverson Just sex Somers Point wa incriminating statements which amounted to a confession. Prior to trial, Coverson filed a motion to suppress any testimony regarding those statements.
The judge held a suppression hearing. During the hearing, Coverson did not deny that Moulder had read him his rights, and he did not deny that he had made the incriminating statements.
Coverson contended that he could not recall whether Moulder advised him of his rights, and he could not recall waiving them. He blamed his poor recollection on his use of Free Nevada cyber sex and alcohol on the night of the sexual assault.
Thus, he concluded, he could not have waived his Miranda rights intelligently, knowingly, and voluntarily; and his incriminating statements should be suppressed. The judge did not agree and Swingers couples vermont his motion.
In this appeal, Coverson contends that the judge erred. The constitutional principles governing custodial interrogation are well-established albeit they often evade one's comprehension. One principle dictates that custodial interrogation must be preceded by advice to the putative defendant regarding the Fifth Amendment rights to remain silent and to have an attorney present.
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Miranda v. Arizona, U. If the right to remain Want to enjoy life more is invoked, "the interrogation must cease. Illinois, U. Under either circumstance, interrogation may commence or in the absence of an attorney if the putative defendant: 1 "initiated further discussions with the police"; and 2 "knowingly and intelligently Housewives want nsa Chatham voluntarily] waived the right Gotay, F.
Butler, U. Specifically, Miranda requires proof that "the waiver [was] made voluntarily, knowingly and intelligently. Estelle, F. LeFevre, F. Keeney, F. In the case sub judice, the trial judge concluded that the State met its burden. Whether this conclusion is correct is a mixed issue of law and fact.
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Norman v. Ducharme, F. Kincheloe, F. This Court must first conduct an independent review of the totality of the circumstances discoverable in the entire record in order to resolve the questioned validity of a confession or incriminating statements.
Accord State v. Whitaker, A. Zerbst, U. Accordingly, the following is a recitation of relevant evidence. In response to leading questions posed by his attorney, Coverson testified that he was under the influence of drugs and alcohol and that he could not "recall" being advised of his rights or having waived them.
Coverson conceded that he may have been advised of his rights and that he may have waived them; however, he contended Ladies seeking casual sex Paisley, in view of his intoxicated state of mind, he could not have knowingly, intelligently, or voluntarily waived his rights. Under questioning by the State, Coverson made surprising admissions which unequivocally support the judge's conclusion that Coverson knowingly, intelligently, or voluntarily waived his rights.
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Coverson admitted that, at Sexy women want sex tonight Jeffersonville time of his arrest, he knew and understood what his rights were. In fact, he knew them so well, that he recited them during the hearing:. II, at Coverson went on to explain that he had known and understood the Miranda rights by watching crime shows on television, by "read[ing] it in the [news]paper," and by hearing police officers advise others who were being arrested "on the streets.
That is, Coverson admitted that he has twice been arrested once as recently as four months prior to his arrest in the case sub judice and that police officers read him his Miranda rights each time. See Hovland v. Blodgett, F. The foregoing constitutes strong, if not incontrovertible, evidence of the requisite state of mind i.