Eric Ramone Sharkey v. State of Mississippi

KITCHENS, PRESIDING JUSTICE, DISSENTING:

¶47. A prejudicial error occurred in this case. During voir dire examination, the prosecutor informed the potential jurors that Eric Sharkey's co-indictees already had pled guilty to the crime for which Sharkey was about to be tried. The circuit court took no curative action, even after one venireman announced-in the presence of the entire venire -his inability to be fair and impartial in light of "the other two being convicted." This Court's precedent directs us to reverse under these circumstances. With much respect to my learned colleagues, I dissent.