Mississippi Supreme Court January 21, 2016, No. 2013-DR-01624-SCT (Batiste v. State)

PIERCE, Justice,

dissenting:

¶ 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.