Buchanan v. State Of Mississippi

316 So.3d 619 (2021)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

D'Alandis Love, Perez Love, Kelsey Jennings, and Ken-Norris Stigler were traveling west on Highway 82. A gold Tahoe approached and opened fire on their vehicle. D'Alandis Love was killed. Perez Love, Jennings, and Stigler were seriously injured. D'Alandis Love died as a result of multiple gunshot wounds. Jones, D Michael Holland, Jacarius Keys, and James Earl McClung, Jr., were developed as suspects in the shooting. On September 3, 2015, Keys gave a statement to Investigator Staten. Keys's statement, which was videotaped, implicated Jones, Holland, D, and McClung in the shooting. Keys, Jones, Holland, D, and McClung were later indicted and charged with one count of first-degree murder and three counts of attempted first-degree murder. Approximately five months after the men were indicted, Keys was shot and killed. Holland and D were considered suspects in Keys's death. It is undisputed that at the time of Keys's death, Jones was incarcerated. Jones, Holland, D, and McClung moved to exclude Keys's videotaped statement based on hearsay and the Sixth Amendment Confrontation Clause. The court allowed the statement to be admitted into evidence under Mississippi Rules of Evidence 804(b)(3) (the statement-against-interest hearsay exception), 804(b)(5) (the catch-all hearsay exception), and 804(b)(6) (the forfeiture-by-wrongdoing hearsay exception). The jury acquitted D of the first-degree murder of D'Alandis Love but found D guilty of the lesser-included offenses of aggravated assault with respect to Perez Love, Jennings, and Stigler. D was sentenced to serve three consecutive terms of twenty years for each aggravated-assault conviction. The jury found Jones guilty of first-degree murder and guilty of three counts of attempted first-degree murder regarding Perez Love, Jennings, and Stigler. Jones was sentenced to life in prison for his murder conviction and thirty years for each attempted-murder conviction. Jones and D appealed,

Issues

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Holding & Decision

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Legal Analysis

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