Batiste v. State

¶ 15. “In any trial there is initially a presumption of jury impartiality.” Carr v. State, 873 So.2d 991, 1005 (Miss.2004) (quoting United States v. O’Keefe, 722 F.2d 1175, 1179 (5th Cir.1983)). Here, to prevail on his claim that the bailiffs comments improperly influenced the jury, Batiste must overcome this presumption. Roach v. State, 116 So.3d 126, 133 (Miss.2013) (quoting Gladney v. Clarksdale Beverage Co., Inc., 625 So.2d 407, 418 (Miss.1993)). Because he has. failed to do so, I dissent.

II16. In the cases relied on by the majority, the bailiffs directly commented on a desired outcome or…