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Wells v. State

Evidence of a less than 10-percent disparity between the percentage of African-Americans in the county's 1990 census and the percentage of African-Americans in the entire jury venire did not support the defendant's claim of unconstitutional disparity.

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Earlie Wells was convicted of armed robbery, kidnaping with bodily injury, and two counts of theft by taking. On appeal he alleges three errors: i the jury venire did not represent the county population-but he failed below to show purposeful discrimination; ii over objection the court allowed a prosecution witness on re-direct to testify regarding a visit to the victim-but this testimony was to counter attacks on the witness’ credibility during cross-examination; and iii the court denied his motion for mistrial based on a comment made in the prosecution’s closing argument-but he failed to renew the motion after curative instructions. Accordingly, we affirm.

The evidence showed that Wells forced the victim at gunpoint to drive Wells to a location, where Wells required him to get into the car’s trunk. Wells not only stole the victim’s personal money and business receipts, but also shot him twice when the victim tried to escape from the trunk. Thinking the victim was dead, Wells left him unattended in the trunk in a parking lot, and the victim escaped.

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