Opinion
2019-KA-01890-COA
05-25-2021
Garrick Price v. State of Mississippi
EN BANC
Sunflower Circuit Court;
LC Case #: 2019-0029;
Ruling Date: 12/18/2019;
Ruling Judge: Carol White-Richard;
Disposition: The State's motion to suspend the briefing schedule and remand the case is granted. The briefing schedule is suspended, and this case is hereby remanded to the Sunflower County Circuit Court. Within sixty days of the entry of this order, the circuit court shall conduct a hearing to determine whether the current transcript accurately shows that Catasha Bailey was not polled along with the other eleven jurors. If the current transcript is accurate, the circuit court shall then retrospectively poll Bailey to determine whether she agreed with the verdicts of the other eleven jurors. After the hearing, the circuit court shall promptly enter an order detailing its findings. Within thirty days of the remand hearing, the court reporter shall prepare a transcript of that hearing and, if necessary, a corrected volume of the trial transcript, and the Sunflower County Circuit Clerk shall supplement the record with the certified copies of circuit court’s order and any transcripts that the court reporter provides. All costs of the supplemental record are assessed to Sunflower County. Upon the filing of the supplemental record, the Mississippi Clerk of Appellate Courts shall reset the briefing schedule. Counsel for Price shall have forty days to withdraw Price’s current opening brief and file an amended opening brief, or announce that counsel will stand on Price’s current opening brief. Order entered 05/21/2021.