Darnell Turner File

Case: 25CI1:16-cr-00238-AHW Document #: 186 Filed: 03/10/2020 Page 1 of 2

IN THE CIRCUIT COURT OF HINDS COUNTY, MISSISSIPPI

FIRST JUDICIAL DISTRICT
STATE OF MISSISSIPPI PLAINTIFF
v. Criminal Case No. 16-238
DARNELL TURNER DEFENDANT
PETITION FOR BAIL PENDING APPEAL AND

INCORPORATED MEMORANDUM
Defendant Darnell Turner, by and through counsel, moves this Court pursuant to the
provisions of M.C.A. § 99-35-115 and M.R.C.P. 8.3 to grant him bail pending his appeal to the
Mississippi Supreme Court from his conviction for aggravated assault.
1. Turner was convicted of two counts the first being Domestic aggravated assault and
shooting into an occupied vehicle. He appealed to the Mississippi Supreme Court which assigned his
case to the Court of Appeals. All of the briefs have been filed in the appeal.
2. Mr. Turner was charged in two cases that arose from the same incident. The first case
involved Kimberly Anderson. The second case involved an Anthony Steele. Mr. Turner was
released on bail pending trial in both and previously appeared in the Circuit Court as directed for all
court hearings. When the second case involving Anthony Steele was called for trial the Attorney
General’s Office dismissed the case.
3. He has no prior felony convictions and there is no reason to believe that he
would commit another crime or constitute a flight risk.
4. Mr. Turner has substantial ties to the community. He has lived in Hinds County his entire
life. His children, mother, brother, sisters and other relatives all live in Hinds County. Both his
relatives and friends would testify to his good character and mental fitness at a hearing on his request
for bail.
5. Mr. Turner believes that he has a substantial chance for prevailing on appeal in that he
asserts that there are many valid issues on appeal which would call for a reversal of his conviction.
SUPPORTING MEMORANDUM
Mr. Turner is not a flight risk or a danger to others if released on appeal. Indeed, he was
released pending trial and there is no suggestion that he harmed or attempted to harm anyone on
appeal. Further, Turner made all of his Court appearances prior to trial and during trial. It is highly
likely that Turner’s conviction will be overturned on appeal as his convictions must be vacated and
rendered or, at the very least, reversed and remanded for a new trial.
He has argued significant issues on appeal which he feels will entitle him to a reversal and
remand for a new trial. First, SANE nurse Sharlotta Sharp was allowed to testify and give an expert
opinion in a field where she was not qualified. Nurse Sharlotta Sharp had previously been excluded
from giving this very testimony by the Honorable William Chapman in a criminal case in the Circuit
Court of Madison County, Mississippi. Over vigourous objection she was allowed to give a medical
opinion, while in turn the trial court arbitrarily excluded Turner from calling Dr. William Truly as a
defense witness to rebut the nurse’s speculative opinions. The trial court’s rulings regarding expert
testimony violated Turner’s fundamental rigjts tp due process, to confront the witnesses against him,
and to present witnesses in his favor. This was critical evidence in this matter.
The factors looked at by courts in granting bail pending appeal support Turner’s bail
application:
1) the age, background and family ties, relationships and circumstances of the defendant;
Mr. Turner is 47 years old and has lived in Hinds County all of his life. Mr. Turner’s entire
immediate family lives in Hinds County, including his mother, several siblings, children, and other
relatives. Mr. Turner was gainfully employed and owned his own trucking company. Once released
Mr. Turner will find employment.
2) the defendant’s reputation, character, and health;
The Defendant is in good health. There are many people who can vouch for his good
reputation and character. Mr. Turner will call witnesses to verify his reputation at a hearing on this
Petition. Also, Mr. Turner is of sound mind and has no mental health issues.
3) the defendant’s prior criminal record, including prior releases on recognizance or on
unsecured or secured appearance bonds, and other pending cases;
Mr. Turner has no prior felony convictions. He was released on bail pending trial and he
was able to abide by all of the conditions of his bail.
4) the identity of responsible members of the community who will vouch for the defendant’s
reliability;
A) Francis Sheriff is Mr. Turner’s mother. She resides at 902 Kent Drive Clinton
MS. 39056.
B) Calvin Sheriff is a business owner in the Jackson area. He will speak on Mr.
Turner’s behalf and employ Mr. Turner upon release.
C) Pastor M.J. is a Pastor in Brandon Mississippi.
Mr. Turner has several letters from respectable members of the community. Please See these
letters attached as Exhibit A.
5) violence or the lack of violence in the alleged commission of the offense:
The incidence involves the issue of domestic violence. However one of the central issues on
appeal is that Kimberly Anderson had stalked Mr. Turner in the past. She had gone to his home in
Clinton Mississippi where he had called the police on her and she was warned by the Clinton Police
to stay away from his home. Other similar incidents of Kimberly Anderson’s behavior were
proffered into the record as the court excluded from evidence any prior bad acts of stalking or assault
of Mr. Turner by Kimberly Anderson. The evidence was clear that she followed him on a high
speed chase on the night of the incident while he was with another female. This clearly made her the
aggressor. The court however refused to instruct the jury on the issue of initial aggressor.
6) the nature of the offense charged, the apparent probability of conviction, and the likely
sentence, insofar as these factors are relevant to the risk of nonappearance;
He was convicted of aggravated domestic violence. Nonetheless, the evidence at trial was
insufficient to convict him. He is confident that his case will be reversed and if there is a second trial,
he will be acquitted. There is no reason for him to flee.
7) the type of weapon used (e.g., knife, pistol, shotgun, sawed-off shotgun, assault or
automatic weapon, explosive device, etc.);
Mr. Turner adamantly denies he fired a weapon into the victims vehicle.
8) threats made against victims or witnesses;
There were no threats.
9) the value of property taken during the alleged commission of the offense;
No property was taken.
10) whether the property allegedly taken was recovered pr not, and damage or lack of
damage to the property allegedly taken
Not applicable.
11) residence of the defendant, including consideration of real property ownership, and
length of residence in the defendant’s domicile;
Mr. Turner has resided in Hinds County since birth. He does not own any real property.
12) in cases where the defendant is charged with a drug offense, evidence of selling or
distribution activity that should indicate a substantial increase in the amount of bond;
Not applicable.
13) consideration of the defendant’s employment status and history, the location of
defendant’s employment (e.g., whether employed in the county where the alleged offense occurred),
and the defendant’s financial condition;
Mr. Turner owned his own trucking company in Hinds County, Mississippi.
14) sentence enhancements, if any, included in the charging document; and
His sentence was not enhanced.
15) any other fact or circumstance bearing on the risk of nonappearance or on the danger to
others or to the public.
Mr. Turner is not a flight risk or a danger to others if released on appeal. Indeed, he was
released pending trial and there is no suggestion that he tried to harm anyone. Further, Turner made
all of his Court appearances prior to trial and during trial. It is highly likely that Turner’s conviction
will be overturned on appeal as his convictions must be vacated and rendered or, at the very least,
reversed and remanded for a new trial.
In this case the trial court was riddled with errors which deprive Mr. Turner of a fair trial.
First, the trial court in this case allowed State’s expert, nurse, Shalotta Sharp, to give speculative
expert opinion testimony, which she was unqualified to give in the first place, while in turn the trial
court arbitrarily excluded Turner from calling Dr. William Truly as a defense witness to rebut the
nurse’s speculative opinions. The trial court’s ruling regarding expert testimony violated Turner’s
fundamental rights to due process, to confront the witness against him, and to present witnesses in his
favor. Furthermore, throughout the course of the trial, the court effectively shielded the alleged
victim, Kimberly Anderson from impeachment and evidence hearing on her character, while
allowing the State to admit multiple hearsay statements to buttress Anderson’s testimony, in violation
of Turner’s right to a public trial. These errors violated Turner’s fundamental rights to due process, a
fair and public trial and to present a full defense. Also, the trial court allowed other bad acts
evidence, which deprived Turner of his right to a fair trial. For any of these errors, the trial court is
likely to be reversed and the case is likely to be remanded for a new trial.
CONCLUSION:
Wherefore, Donald Turner respectfully requests that the Court grant bail either on the
existing record or after a hearing.
Respectfully submitted,
DARNELL TURNER
BY:/s/ Dennis C. Sweet, III

Dennis C. Sweet, III
OF COUNSEL:
DENNIS C. SWEET, III

DENNIS C. SWEET, IV
SWEET & ASSOCIATES
158 E. PASCAGOULA STREET
JACKSON, MS 39201
PHONE: 601.965.8700
FAX: 601.965.8719
CERTIFICATE OF SERVICE
I, Dennis C. Sweet, III, do hereby certify that I have this day filed a true and correct copy of
the following and foregoing document with the clerk of court using the electornic filing system,
which will notify all counsel of record by electronic mean.
This the 12th day of February, 2020.
By:/s/ Dennis C. Sweet, III
Dennis C. Sweet, III

Case: 25CI1:16-cr-00238-AHW Document #: 177-1 Filed: 02/12/2020 Page 1 of 10
Case: 25CI1:16-cr-00239-JAW Document #: 1 Filed: 04/07/2016 Page 1 of 1

Darnell Turner File

Enviado por

Dados do documento

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

Darnell Turner File

Enviado por

Direitos autorais:

Formatos disponíveis

Case: 25CI1:16-cr-00238-AHW Document #: 186 Filed: 03/10/2020 Page 1 of 2

Case: 25CI1:16-cr-00238-AHW Document #: 186 Filed: 03/10/2020 Page 2 of 2

IN THE CIRCUIT COURT OF HINDS COUNTY, MISSISSIPPI

v. Criminal Case No. 16-238

DARNELL TURNER DEFENDANT

PETITION FOR BAIL PENDING APPEAL AND

Mississippi Supreme Court from his conviction for aggravated assault.

General’s Office dismissed the case.

3. He has no prior felony convictions and there is no reason to believe that he

would commit another crime or constitute a flight risk.

Mr. Turner will find employment.

2) the defendant’s reputation, character, and health;

3) the defendant’s prior criminal record, including prior releases on recognizance or on

unsecured or secured appearance bonds, and other pending cases;

was able to abide by all of the conditions of his bail.

Turner’s behalf and employ Mr. Turner upon release.

C) Pastor M.J. is a Pastor in Brandon Mississippi.

letters attached as Exhibit A.

5) violence or the lack of violence in the alleged commission of the offense:

sentence, insofar as these factors are relevant to the risk of nonappearance;

he will be acquitted. There is no reason for him to flee.

automatic weapon, explosive device, etc.);

8) threats made against victims or witnesses;

There were no threats.

No property was taken.

damage to the property allegedly taken

length of residence in the defendant’s domicile;

and the defendant’s financial condition;

14) sentence enhancements, if any, included in the charging document; and

His sentence was not enhanced.

others or to the public.

reversed and remanded for a new trial.

existing record or after a hearing.

BY:/s/ Dennis C. Sweet, III

DENNIS C. SWEET, III

which will notify all counsel of record by electronic mean.

This the 12th day of February, 2020.

By:/s/ Dennis C. Sweet, III

Dennis C. Sweet, III

Você também pode gostar