Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Waldrop v. State

Court of Appeals of Mississippi

May 22, 2018

DAYLON WALDROP A/K/A DAYLON CARL WALDROP A/K/A DAYLON C. WALDROP APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 10/19/2016

          FORREST COUNTY CIRCUIT COURT, HON. ROBERT B. HELFRICH JUDGE:

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: MOLLIE MARIE MCMILLIN

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JOSEPH SCOTT HEMLEBEN

          DISTRICT ATTORNEY: PATRICIA A. THOMAS BURCHELL

          BEFORE IRVING, P.J., WILSON AND TINDELL, JJ.

          TINDELL, J.

         ¶1. A Forrest County jury convicted Daylon Waldrop of capital murder with the underlying felony of armed robbery. See Miss. Code Ann. § 97-3-19(2)(e) (Rev. 2014). The Forrest County Circuit Court then sentenced Waldrop to life imprisonment without eligibility for parole. On appeal, Waldrop challenges (1) the circuit court's failure to instruct the jury on the elements of the underlying felony of armed robbery and (2) the admission of a recorded 911 call made after the crime.

         ¶2. Upon review, we find Waldrop's first assignment of error dispositive. Neither party disputes that the circuit court failed to instruct the jury on the elements of the underlying felony of armed robbery. Both parties further acknowledge that, in Harrell v. State, 134 So.3d 266, 275 (¶30) (Miss. 2014), the Mississippi Supreme Court overruled its prior precedent and held that "it is always and in every case reversible error for the courts of Mississippi to deny an accused the right to have a jury decide guilt as to each and every element."[1] In light of Harrell, the circuit court's failure here to instruct the jury on the elements of the underlying felony of armed robbery warrants the reversal of Waldrop's capital-murder conviction. We therefore reverse his conviction and remand this case for a new trial.

         FACTS

         ¶3. On August 20, 2014, a Forrest County grand jury indicted Waldrop for capital murder during the commission of an armed robbery. The indictment charged the following:

[Waldrop, ] in Forrest County, Mississippi, on or about August 1, 2013, did then and there willfully, unlawfully[, ] and feloniously, and with or without any design to effect . . . death, kill and murder Robert Williams, a human being, while in the commission of the crime and felony of [r]obbery with a deadly weapon . . . .

         ¶4. At Waldrop's trial, prior to submitting the case to the jury, the circuit court instructed the jury as follows on the elements of capital murder:

         Daylon Waldrop has been charged with the offense of capital murder. If you find from the evidence in this ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.