Adams v. State

350 So.3d 1116

Jamaltae ADAMS a/k/a Jamaltal Adams, Appellant

v.STATE of Mississippi, Appellee

NO. 2020-KA-01383-COA

Court of Appeals of Mississippi.

May 3, 2022

Rehearing Denied August 16, 2022

ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: W. DANIEL HINCHCLIFF

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: CANDICE LEIGH RUCKER

BEFORE WILSON, P.J., GREENLEE AND EMFINGER, JJ.

WILSON, P.J., FOR THE COURT:

¶1. Jamaltae Adams was convicted of armed robbery following a jury trial in the Lafayette County Circuit Court. On appeal, Adams argues that the jury's verdict was against the overwhelming weight of the evidence, that the State improperly used a codefendant's guilty plea and recorded interview during trial, and that his indictment was defective. He also argues that cumulative error entitles him to a new trial. After review, we find no reversible error and affirm Adams's conviction and sentence.

FACTS AND PROCEDURAL HISTORY

¶2. A little before 10:30 p.m. on August 29, 2016, Justin Wilson and his sister Amanda witnessed an apparent robbery at the Molly Barr Trails Apartments in Oxford. Two or more black males wearing black or black-and-white masks or bandanas over their faces were standing over a car in the parking lot and appeared to be robbing the car's occupants. Amanda called 911 and reported that the robbers had left in a silver Mustang with one working headlight. They were driving in the direction of "Three Way," a grocery store/intersection near the apartments.

¶3. Lieutenant Steve Lewis of the Oxford Police Department received a call about the robbery and was given a description of the suspect's vehicle. While driving toward Three Way, Lewis saw a car matching the description and initiated a traffic stop. Additional officers responded to provide backup. Brannon McAllister was driving the car, Jamaltae Adams was in the passenger seat, and Laterrance Lindsey was in the backseat. The officers recovered a black revolver, several cell phones, and black-and-white bandanas from the car. Adams was wearing a gold watch and had a bag of marijuana inside his pants.

¶4. Alisha Smith testified that she had become acquainted with Adams through social media. On August 29, Smith and some of her friends "chill[ed]" with Adams at the Campus Walk Apartments in Oxford for about two hours. That evening, Adams called Smith from a gas station and asked her to give him a ride to the Molly Barr Trails Apartments to meet some of his friends. Smith and her friend Deandre "Boosie" Parker picked up Adams at the gas station and drove to the apartments. When they arrived, Adams directed Smith to park in a specific area of the parking lot. Adams then called one of his friends to tell him where they were parked. About two minutes later, two men ran up to Smith's car, one on the driver's side and one on the passenger's side. The men were wearing bandanas, and the man on the passenger's side had a gun. The men started yelling at Smith, Parker, and Adams to give them everything they had. Smith gave the men her phone, and Parker gave the men his phone and "a bag of something." The robbers also took Adams's gold watch.

¶5. When the robbery began, Adams was in the backseat of Smith's two-door car. Smith testified that after Adams surrendered his watch, Adams started pushing on the back of Parker's seat as if he wanted to get out of the car. Smith testified that the armed robber was still pointing a gun at the car while Adams was trying to exit the car. She testified that Adams got out of the car, and he and the two robbers all ran away in the same direction.

¶6. Smith testified that once the robbery ended, she drove away as quickly as possible to take Parker home. She said that she wanted to go to the police station, but Parker insisted that she take him home first. A police officer stopped them because Smith's car coincidentally matched the description of the suspects’ silver Mustang. The officer asked Smith if she had been involved in a robbery, and she explained she was the victim. About that time, the officer was notified that other officers had apprehended the suspects.

¶7. The State called Laterrance Lindsey as a witness at trial. Lindsey acknowledged that he, Brannon McAllister, and Adams had been charged with the armed robbery and that he (Lindsey) had pled guilty to the crime. When the prosecutor began questioning Lindsey about the events leading up to the robbery, Lindsey stated that he "would like to talk to [the prosecutor] one on one" because he did not have "a full understanding of why" he had been called to testify. The trial judge then declared a recess. In chambers, Lindsey asked if he was required to testify or if it was "optional." Lindsey explained that testifying against Adams was "not a good thing" for him because he (Lindsey) was in prison. The prosecutor pointed out that Lindsey no longer had a Fifth Amendment privilege with respect to the armed robbery because he had already pled guilty to that crime, and Lindsey ultimately resumed his testimony in open court before the jury.

¶8. Lindsey admitted that on August 29, 2016, he had driven from Tupelo to Oxford with Adams and McAllister. Lindsey also admitted that he had gone to the Molly Barr Trails Apartments that night. Lindsey denied that he discussed a robbery with Adams or McAllister "[b]efore [they] came to Oxford." However, Lindsey admitted that he committed the robbery at issue in this case, and he admitted that he, McAllister, and Adams all ended up in McAllister's car after the robbery. Lindsey refused to answer when the prosecutor asked him whether he and Adams "ran away from the car where the robbery took place ... at or about the same time to go back to [McAllister's] car."

¶9. Detective Shane Fortner interviewed Adams the night of the robbery and again ten days later. Prior to both interviews, Fortner advised Adams of his Miranda rights, which Adams waived. Recordings of the interviews were played at trial.

¶10. In the first interview, Adams maintained that he was a victim of the robbery. He said that he and some friends from Tupelo (McAllister and Lindsey) had driven to Oxford that afternoon and that his friends dropped him off at an apartment complex. Adams said that he eventually ended up "chilling" with Smith, who said she knew a man who could sell them marijuana. Adams stated that he and Smith met the man (Parker) at a gas station, but Parker was not comfortable there, so they drove to the Molly Barr Trails Apartments. Adams said that Parker was about to sell him marijuana when two men ran up to the car and robbed them. Adams said he could not see the robbers’ faces because they were "masked up." He stated that one of the robbers pulled him out of the car and took his gold watch and marijuana, and both robbers then ran away. Adams said that as soon as the robbery ended, Smith and Parker drove away fast in Smith's car, leaving him in the parking lot. Adams said that the robbers must have dropped his watch and marijuana because he found them on the ground nearby. Adams stated that he called McAllister and Lindsey and told them that he had just been robbed. Adams "dropped a pin" to give them his location, and they arrived to pick him up three or four minutes later. Adams got in their car. Adams said his friends did not say anything about a robbery and were only interested in smoking his marijuana. He said that a few minutes later, the police pulled them over. Adams stated that he never called 911 because he did not want to get the police involved.

¶11. In the second interview, on September 8, Adams told Fortner that the story he gave during his first interview was not true. Adams told Fortner that on August 29, McAllister had called him looking for marijuana. Adams told McAllister that he bought marijuana from Parker, who lived in Oxford. When Adams told McAllister the price that Parker charged, McAllister said he wanted to rob Parker and take his marijuana. According to Adams, he told McAllister that he could not do that. Adams said that McAllister then stated that he would "go see [Adams's] mama" if Adams did not help him rob Parker.

Adams said that he took this as a serious threat because he knew McAllister was a "real killer." Adams said that he then agreed to help, and McAllister and Lindsey arrived at his home in Tupelo about an hour later. Adams got in the car with them, and they drove to Oxford.

¶12. Adams stated that when they were about ten minutes outside of Oxford, McAllister instructed him to "hit up" Parker. According to Adams, Parker said that he was "out of pocket" and would call them back later, so Adams, McAllister, and Lindsey all went to Adams's friend's apartment to "chill." Adams stated that about two or three hours later, Parker called him back and agreed to meet him. However, Parker insisted that Adams had to come alone. Adams said that when he told McAllister and Lindsey what Parker had said, McAllister said they would follow Adams. Adams stated that Smith and Parker picked him up, and after stopping at a gas station, they drove to the Molly Barr Trails Apartments. As they were sitting in the car in the parking lot of the apartments, McAllister and Lindsey ran up suddenly and robbed them. Adams said McAllister pulled him out of the car during the robbery. Adams stated that after McAllister and Lindsey ran away, Smith and Parker drove away fast, leaving him at the apartments. Adams ran after McAllister and Lindsey and joined them at McAllister's car. They all got in the car and left, and the police pulled them over a few minutes later. Adams stated that McAllister tossed him the stolen marijuana just before they were pulled over. Adams claimed he participated in the robbery under duress because of McAllister's threat against his mother.¹

¶13. Detective Fortner testified that he had also interviewed Lindsey twice—first on the night of the robbery and again three days later. Fortner recorded both interviews. Prior to both...