Eubanks v. Mississippi
Annotate this CaseAshley Brown and Jessica Baugh were roommates at the Bay Meadows Apartments in Ridgeland, Mississippi. They worked together at a local bar. One night after work, Brown and Baugh met up with friends, including Stephanie Mejia, another co-worker. Mejia arranged to spend the night at Brown’s and Baugh’s apartment. Because Mejia did not have a key to the apartment, Baugh told her that she would leave the door unlocked. Mejia then left Baugh to meet up with her friends. During the night, Jones woke up Baugh and advised that someone had come into the apartment. Baugh was not concerned because she assumed it was Mejia. Later that morning, Brown woke up Baugh and advised that her car was gone. Brown’s keys, along with her debit and credit cards, were also gone. Baugh began to look around the apartment and noticed that her iPad and Michael Kors bag were missing. The tips that Baugh had received from work were in the bag. Brown and Baugh called the police. The Ridgeland Police Department learned that Amonteel Pates had used Brown’s credit card to purchase a pair of shoes. Pates was later arrested. When questioned about the incident at Brown’s and Baugh’s apartment, Pates acknowledged his involvement and culpability and provided the names of the other suspects: Rahim Williams, Michael Tillman, Fabiyonne Peel, and defendant Jontavian Eubanks. According to Pates, Mejia instigated taking Baugh's tips; Pates was aware that Mejia had arranged to spend the night at Baugh’s and Brown’s apartment and that Baugh would leave the door unlocked. Eubanks, Pates, Peel, Williams, and Tillman were indicted on burglary of a dwelling, conspiracy to commit burglary of a dwelling, motor-vehicle theft, and conspiracy to commit motor-vehicle theft. Pates pleaded guilty and was sentenced to twenty-five years in the custody of the Mississippi Department of Corrections (MDOC), with ten years to serve. As part of his plea agreement, Pates testified against Eubanks at trial. Eubanks was convicted of burglary of a dwelling, and conspiracy to commit burglary of a dwelling, and was sentenced to serve twenty-five years in the custody of the MDOC on Count I and five years on Count II, with the sentences to run concurrently to each other, but consecutively to any and all other sentences. He was further ordered to pay $698.50 in court costs, fees, and assessments. Eubanks appealed, arguing the trial court erred by: (1) denying his motion for funds to retain an expert for trial; (2) denying his motion for funds to retain an expert for a Daubert hearing; (3) overruling his Batson challenge; and (4) permitting hearsay testimony to establish essential elements of the charged offenses. Finding no reversible error, the Mississippi Supreme Court affirmed Eubanks' conviction.
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