Melissa Laurel Garrison v. State of MS

Citation: Not availableDocket: 95-CT-00263-SCT

Court: Mississippi Supreme Court; December 15, 1994; Mississippi; State Supreme Court

Original Court Document: View Document

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Melissa Laurel Garrison was convicted of murdering her mother, Betty Garrison, on December 2, 1994, by a jury in the Harrison County Circuit Court. The conviction was upheld by a plurality ruling from the Court of Appeals on May 20, 1997, which deemed the admission of her sister Shannon Garrison's guilty plea transcript as proper. Melissa Garrison subsequently appealed to the Supreme Court of Mississippi, which found errors in the Court of Appeals' decisions regarding the admissibility of the transcript, the exclusion of co-conspirator Allen Goul's testimony, and the exclusion of testimony from clinical psychologist Dr. Joseph Tramontana. Although the Supreme Court concluded that Melissa did not prove Judge Jerry O. Terry's prior knowledge of the case warranted recusal, the judge's comments suggested a potential bias. Consequently, the Supreme Court reversed the earlier rulings and remanded the case for a new trial.

The murder occurred on July 7, 1992, with Melissa and her sister Shannon, alongside neighbor Allen Goul, implicated in the crime. While Melissa claimed to have witnessed the murder without participating, evidence indicated she and Shannon had encouraged Goul to kill their mother. Goul had left detailed instructions for the murder in notes found on Melissa at the time of her arrest. During the murder, Goul testified that Melissa urged him on, asking if their mother was dead yet. The Supreme Court's decision mandates a retrial based on these findings.

After confirming Betty's death, three individuals disposed of evidence and traveled to a friend's house, later returning to the Garrison home to use the family car in an attempt to locate Shannon's boyfriend, Michael Brewer. Brewer suggested creating a narrative that Betty's death resulted from a robbery. Following this, Melissa and Shannon Garrison reported the incident to 911, claiming robbery and injury to their mother, which raised police suspicions about Goul due to visible injuries on him. Subsequently, all three were indicted for murder, with Goul and Shannon pleading guilty. Shannon's testimony during her plea aimed to shift blame onto Goul and Melissa but was not presented during Melissa's first trial, which ended in a hung jury. By her second trial, Shannon sought to withdraw her plea and invoked her Fifth Amendment rights, leading to another mistrial. In her third trial, she briefly testified, but no substantive questions were asked, and her plea transcript was not introduced. At the fourth trial, despite invoking her rights again, the prosecutor read her plea transcript to the jury, resulting in Melissa's conviction and life sentence. The Court of Appeals upheld the admission of Shannon's plea transcript under Mississippi's hearsay exceptions, which was contested as a violation of Melissa's Sixth Amendment rights, referencing previous case law. The Mississippi Rules of Evidence state that statements against interest are admissible only when the declarant is unavailable, with strict criteria for those exposing the declarant to criminal liability.

Rule 804(b)(3) allows for the admission of statements against penal interest under specific conditions, rooted in the idea that individuals generally do not make self-inculpatory statements unless they believe them to be true. However, the Supreme Court in Williamson v. United States emphasized that this principle does not enhance the credibility of non-self-inculpatory parts of a confession, as individuals can mix truth with falsehood, particularly in self-exculpatory statements. The analysis of Shannon Garrison's guilty plea's admissibility under Miss. R. Evid. 804(b)(3) must first verify her "unavailability as a witness" under Rule 804(a), which includes situations where a declarant refuses to testify despite a court order. The trial court initially ruled the statement inadmissible under Rule 804(b)(1) due to the lack of confrontation but later admitted it under Rules 804(b)(3) and (5) after confirming Shannon’s unavailability, as she continued to invoke her Fifth Amendment rights. The admissibility of her statement also requires it to possess "particularized guarantees of trustworthiness," a condition highlighted in prior cases like Williams v. State, as the Supreme Court has not definitively categorized Rule 804(b)(3) as a firmly rooted hearsay exception.

The Court requires "particularized guarantees of trustworthiness" for statements to be admissible under the hearsay rule, assessing the totality of circumstances that lend credibility to the declarant. If a declarant's truthfulness is evident, then hearsay may not be barred. In this case, Shannon Garrison's statement fails to meet the Confrontation Clause standards due to her potential motive to fabricate and her traumatic mental state while in custody. The Court of Appeals initially found guarantees of trustworthiness in Shannon's statement, noting it was made under oath and in the presence of counsel, with limited motive for fabrication. However, upon review, it was revealed that Shannon attempted to implicate others and shift blame to receive a more lenient sentence, indicating a motive for fabrication. The plea transcript showed she hoped for "alternative sentencing," suggesting a possible incentive for her guilty plea. Additionally, her testimony conflicted with that of co-defendants Goul and Melissa, and she later disavowed her statement while seeking to withdraw her guilty plea. The jury was instructed to weigh the testimony of Shannon and Goul with caution, considering their accomplice status.

In Stoop v. State, 531 So. 2d 1215 (Miss. 1988), distinctions were made between "circumstantial guarantees of trustworthiness" under Rule 804(b)(5) and "particularized guarantees of trustworthiness" required by the Sixth Amendment. During Jimmy Stoop's third trial, the State sought to introduce a transcript from a previous trial featuring the chief witness, who was unavailable, but whose later testimony conflicted with her earlier statements. The court determined that the transcript lacked the necessary "indicia of reliability" mandated by the Confrontation Clause, which requires that hearsay evidence must be both reliable and that the declarant is unavailable. Reliability can be assumed for evidence fitting into a firmly rooted hearsay exception; otherwise, it must be excluded unless specific guarantees of trustworthiness are demonstrated. The court emphasized that the standards for trustworthiness under Rule 804(b)(5) and the Confrontation Clause are not the same. Given the context in which Shannon's plea was obtained and her later retraction, the transcript did not meet the required guarantees of trustworthiness, leading to a violation of Melissa's Sixth Amendment rights.

The court rejected the State's claim that any error in admitting Shannon Garrison's plea transcript was "harmless." Citing the Chapman test, which assesses whether the error significantly affected the verdict, the court concluded that the details in the transcript were crucial and could not be deemed unimportant in the jury's deliberation. 

Additionally, Garrison argued that the circuit court erred in not allowing cross-examination of Allen Goul about his conversation with Shannon before the murder, with the court sustaining the State's hearsay objection. The Court of Appeals noted that Garrison did not provide a clear argument for the admissibility of the testimony under any hearsay exception, justifying the circuit court's ruling since the testimony pertained to Shannon's conduct rather than Melissa's.

The trial court admitted several statements from conversations involving Shannon, Goul, and Michael Brewer into evidence, particularly a discussion where Shannon admitted to Brewer that they had killed their mother and fabricated a robbery story for the police. This admission was allowed under Miss. R. Evid. 801(d)(2)(E), which exempts co-conspirator statements from being classified as hearsay. However, when Garrison's attorney attempted to clarify which sister had involved Goul through cross-examination, the State's hearsay objection was upheld. Although this ruling was not deemed a reversible error, it was found inconsistent with prior admissions and should have been permitted under the same evidentiary rule.

Additionally, Melissa sought to call Dr. Joseph Tramontana, a clinical psychologist, to provide testimony regarding her mental state and the influence of her sister Shannon on her actions. The trial court excluded this testimony, asserting that it pertained to Melissa's mental state post-crime, which was beyond the scope of expert opinion, particularly since an insanity defense was not asserted and Dr. Tramontana had not recently treated either sister. The Court of Appeals upheld this exclusion, referencing case law that emphasizes the jury's role in determining intent based on evidence rather than expert conclusions. The rulings in Taylor v. State and Newell v. State reinforce that subjective intentions must be evaluated by the jury, not influenced by expert testimony, especially when insanity is not a defense.

The State's case against Melissa relied significantly on her post-murder statements, which were later determined to be false, leading to the argument that these lies implied her guilt. Under Rule 702 of the Mississippi Rules of Evidence, expert testimony is permissible if it aids the jury in understanding the evidence or determining relevant facts. Dr. Tramontana's testimony on Melissa's mental state after the murder, including conditions like post-traumatic shock, was deemed admissible as it rebutted the State's claims.

Melissa argued that comments made by Judge Terry during plea proceedings indicated his belief in her guilt, warranting his recusal. Although the comments raised concerns about impartiality, she did not sufficiently overcome the presumption of the judge's qualification and neutrality. The court acknowledged the issue of a judge's continued involvement after expressing opinions on a defendant's guilt. Judge Terry's remarks during the plea hearings suggested he believed in a conspiracy involving Melissa, which was inappropriate as he should not have commented on the guilt of co-defendants. 

The court emphasized that while judges may preside over successive trials or remands, they should avoid expressing clear beliefs about a defendant’s guilt, as this could call their impartiality into question. The review of a refusal to recuse is governed by the Code of Judicial Conduct, which mandates disqualification when a judge's impartiality could reasonably be doubted. The court affirmed the rigorous enforcement of this rule, regardless of whether it was specifically invoked by a party in the case.

Canon 3 establishes an objective standard for determining a judge's disqualification based on impartiality. A judge must recuse himself if a reasonable person, aware of all circumstances, would question his impartiality. A presumption exists that judges are qualified and unbiased, which can only be overcome by evidence creating a "reasonable doubt." When judges are not disqualified under constitutional or statutory criteria, the appropriateness of their continued service is at their discretion, subject to review only for manifest abuse of discretion. 

In this case, although Melissa and her counsel expressed doubts regarding Judge Terry's impartiality, those doubts must be assessed objectively. Melissa's claims regarding unfavorable evidentiary rulings were not presented at the original motion hearing and are not before the Court now. There is no evidence that Judge Terry made inappropriate comments during prior trials, except for remarks noted in the plea hearing transcript. The Court acknowledges concerns about the judge's impartiality based on the plea comments and suggests that the trial judge might reconsider the matter upon remand.

The Court concluded that errors were made regarding the admissibility of the transcript from Shannon Garrison's guilty plea, the exclusion of certain testimony from Allen Goul, and the inadmissibility of Dr. Joseph Tramontana's expert testimony. The case is reversed and remanded for a new trial consistent with this opinion. The decision was supported by several justices, with one concurring only in the result and one not participating.