Justia Mississippi Supreme Court Opinion Summaries

Articles Posted in Criminal Law
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Eddie Hall was convicted of murdering Johnny “Tubby” Hubbard in the Black Cat community of Covington County. The jury heard eyewitness testimony that when a fight broke out at the end of a horse show, Hall retrieved a gun from his trailer and shot Tubby twice as Tubby attempted to break up the fight and leave the scene. On appeal, Hall argued that the judge made errors during the jury selection process and that he received ineffective assistance of counsel. Finding no reversible error, the Supreme Court affirmed Hall’s conviction and life sentence. View "Hall v. Mississippi" on Justia Law

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A jury found Patrick Giles guilty of statutory rape and sexual battery, for which he was sentenced to ten years for statutory rape and twenty-five years for sexual battery, to run consecutively. On appeal to the Supreme Court, Giles argued that he was entitled to a new trial because he received ineffective assistance of counsel and the prosecutor made improper closing arguments. Finding no merit to Giles' claims of ineffective assistance, nor any other reversible error, the Supreme Court affirmed. View "Giles v. Mississippi" on Justia Law

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Jason Hall appealed a circuit court order dismissing his petition for statutory compensation under Mississippi’s Compensation Act for Wrongful Conviction and Imprisonment. After review of the particular facts of this case, the Supreme Court found the circuit court erred in finding Hall had failed to establish his innocence as required by Mississippi Code Section 11-44-7(1)(b) because the Order Passing to Inactive Files was neither a dismissal nor a nolle prosequi pursuant to Section 11-44-3(c). Accordingly, the Supreme Court reversed the trial court’s judgment and remanded the matter for further proceedings. View "Hall v. Mississippi" on Justia Law

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A grand jury indicted Dewayne Graham on kidnapping, forcible rape, and sexual battery charges. The trial court reset the trial date five times over the next sixteen months. After a two-day trial, the jury returned a guilty verdict and the trial court sentenced him to thirty years' imprisonment as a habitual offender. Graham raised four issues on appeal, but finding no merit to any, the Mississippi Supreme Court affirmed. View "Graham v. Mississippi" on Justia Law

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Thomas Tubbs was indicted, tried, and found guilty by jury of molestation and sentenced by the trial judge to fifteen years’ imprisonment. Tubbs argued on appeal of that conviction that the trial court erred in admitting the child-victim’s testimony as well as a hearsay statement made by the victim to her grandmother. Tubbs also argued certain evidence should have been excluded due to a break in the chain of custody. Finding no error, the Supreme Court affirmed Tubbs’s conviction and sentence. View "Tubbs v. Mississippi" on Justia Law

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John Hale was convicted on four counts of sale or transfer of a controlled substance and was sentenced as a habitual offender to serve a total of sixteen years’ imprisonment without the possibility of parole. On appeal, Hale argued that the trial court erred in denying his proffered jury instructions on the defenses of involuntary intoxication and entrapment. Hale also filed a pro se supplemental brief, in which he raises various other issues. Finding no error, the Supreme Court affirmed Hale’s convictions and sentences. View "Hale v. Mississippi" on Justia Law

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In February 2012, the Adams County Sheriff’s Department recovered three firearms from the trunk of Verenzo Green’s vehicle during an inventory search of the vehicle. A grand jury indicted Green and, following a trial in the Adams County Circuit Court, a jury convicted Green of three counts of being a felon in possession of a firearm and one count of trafficking a firearm. The Court of Appeals affirmed Green’s convictions and sentences, and Green appealed to the Supreme Court on grounds of an alleged double jeopardy violation first raised sua sponte in a dissent by the Court of Appeals using the plain error doctrine. The Supreme Court found that the principle of law argued by Green, which he adopted from the Court of Appeals dissent, was not appropriate for plain error review. Accordingly, the Court affirmed. View "Green v. Mississippi" on Justia Law

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Lester Moore was indicted, tried, convicted, and sentenced to five years in the custody of the Mississippi Department of Corrections for felony shoplifting. He appealed, but finding no reversible error, the Supreme Court affirmed. View "Moore v. Mississippi" on Justia Law

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A jury convicted Shunbrica Roby of deliberate-design murder, and the trial judge sentenced her to life in prison. Roby appealed, arguing: (1) that the State’s evidence was legally insufficient and that her conviction was against the overwhelming weight of the evidence; (2) that her Sixth Amendment right to confrontation was violated; and (3) that the trial court erred in granting and/or refusing several jury instructions. After review, the Supreme Court reversed and remanded for a new trial based on the jury-instruction issue. View "Roby v. Mississippi" on Justia Law

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Bobby Batiste was convicted of capital murder with the underlying felony of robbery and was sentenced to death. On appeal of that sentence, Batiste raised sixteen issues. The Supreme Court addressed one: whether certain statements alleged to have been made by bailiffs to jurors, violated Batiste's constitutional right to an impartial jury. Upon review, the Supreme Court found that Batiste made a substantial showing of a denial of a state or federal right sufficient to entitle him to a hearing to enable the circuit court to ascertain what communications were had between bailiffs and/or other persons and the jury and to determine, insofar as was possible, what impact, if any, those communications had on Batiste’s conviction and sentence. The Court granted Batiste’s motion for leave to file his petition for post-conviction relief. View "Batiste v. Mississippi" on Justia Law