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Shannon v. State

Court of Appeals of Mississippi

January 29, 2019

TERRENCE SHANNON A/K/A TODD SHANNON A/K/A TERENCE SHANNON A/K/A TERRANCE SHANNON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 06/30/2017

          TUNICA COUNTY CIRCUIT COURT, HON. CHARLES E. WEBSTER JUDGE.

          ATTORNEY FOR APPELLANT: SILAS E. MURRAY

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KAYLYN HAVRILLA MCCLINTON.

          DISTRICT ATTORNEY: BRENDA FAY MITCHELL.

         EN BANC.

          GREENLEE, J.

         ¶1. Terrence Shannon challenges his conviction of first-degree murder with a firearm enhancement and of possession of a firearm by a felon. The Tunica County Circuit Court sentenced him to life imprisonment for first-degree murder and to ten years in the custody of the Mississippi Department of Corrections (MDOC) for possession of a firearm by a felon. His sentences are to run concurrently. The court did not sentence him for a firearm enhancement.

         ¶2. Shannon moved for a judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial. The Tunica County Circuit Court denied his motion. Shannon now appeals.

         ¶3. He argues that: (1) the circuit court did not properly conduct voir dire; and (2) the circuit court erred when it allowed Roman to testify. We affirm the circuit court's judgment.

         FACTS AND PROCEDURAL HISTORY

         ¶4. Terrence Shannon drank beer outside his house with Ricardo Roman and James McKinley. He was rolling cigarettes when Sam Isabell rode by on a bicycle. Shannon confronted Isabell, and accused him of taking his rolling papers. Isabell denied the accusation. Shannon went inside of his house and returned with a gun. Shannon then shot Isabell in the head.

         ¶5. The jury found Shannon guilty of first-degree murder with a firearm enhancement and of possession of a firearm by a felon. The Tunica County Circuit Court sentenced Shannon to life imprisonment for first-degree murder and to ten years in the custody of the MDOC for possession of a firearm by a felon. His sentences are to run concurrently. The court did not sentence him for a firearm enhancement.

         ¶6. Shannon moved for a judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial. The court denied his motion, and he appeals to this Court. He argues that: (1) the circuit court did not properly conduct voir dire; and (2) the circuit court erred when it allowed Roman to testify. We affirm the Tunica County Circuit Court's judgment.

         DISCUSSION

         I. Did the circuit court properly conduct voir dire?

         ¶7. "The standard of review in examining the conduct of voir dire is abuse of discretion." Jackson v. State, 791 So.2d 830, 835 (¶21) (Miss. 2001) (citing Berry v. State, 575 So.2d 1, 9 (Miss. 1990)). "Abuse of discretion will only be found where a defendant shows clear prejudice resulting from undue lack of constraint on the prosecution or undue ...


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