Summary
The Supreme Court of Mississippi reviews Oscar Lee Glasper’s convictions for capital murder, rape, sexual battery, house burglary, and kidnapping. The opinion addresses the admissibility and voluntariness of Glasper’s three confessions, the alleged failure to provide an initial appearance before a magistrate, ineffective assistance of counsel, the weight of the evidence, and cumulative trial error.
Holdings
- The trial court properly denied the motion to suppress because the State proved, and the trial court found, that Glasper's three statements were freely and voluntarily given and were not the product of duress, coercion, threats, promises, or intoxication.
- The fruit-of-the-poisonous-tree challenge was procedurally barred because it was not presented to the trial court; alternatively, it failed on the merits because the initial statement was not obtained through an illegal arrest.
- Glasper failed to establish a constitutional or rule violation requiring suppression because his statements were made within twenty-four hours of arrest, within the forty-eight-hour period in URCCC 6.03, and he showed no prejudice.
- Glasper failed to establish ineffective assistance because he did not demonstrate deficient performance and resulting prejudice under Strickland.
- The verdict was not against the overwhelming weight of the evidence, and the trial court properly denied a new trial.
- The cumulative effect of any harmless errors did not deprive Glasper of a fundamentally fair and impartial trial, so cumulative-error relief was unwarranted.
Questions Presented
- Whether the trial court erred in denying suppression of Glasper's three statements as involuntary.
- Whether the statements should have been suppressed as fruit of the poisonous tree because Glasper was arrested on an allegedly pretextual voyeurism warrant.
- Whether failure to provide an initial appearance before interrogation violated Glasper's constitutional or rule-based rights and required suppression of the statements.
- Whether Glasper received ineffective assistance of counsel.
- Whether the jury's verdict was against the overwhelming weight of the evidence.
- Whether cumulative trial errors deprived Glasper of a fair trial.
Disposition
affirmed
Cases Cited (43)
- Roy v. State, 878 So. 2d 84, 88 (Miss. Ct. App. 2003)(distinguished)
- Roberts v. State, 761 So. 2d 934, 935 (Miss. Ct. App. 2000)(distinguished)
- Manix v. State, 895 So. 2d 167, 180-81 (Miss. 2005)(followed)
- Horne v. State, 825 So. 2d 627, 639 (Miss. 2002)(followed)
- Thorson v. State, 895 So. 2d 85, 115 (Miss. 2004)(followed)
- Lee v. State, 631 So. 2d 824, 826 (Miss. 1994)(followed)
- Balfour v. State, 598 So. 2d 731, 742 (Miss. 1992)(followed)
- Miranda v. Arizona, 384 U.S. 436, 444-45, 478-79 (1966)(followed)
- Dancer v. State, 721 So. 2d 583, 587 (Miss. 1998)(followed)
- Morgan v. State, 681 So. 2d 82, 86 (Miss. 1996)(followed)
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Court Document
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