Max Power
Max Power is the Editor-in-Chief of Undoing Time. You can reach him at [email protected] or by calling 866-664-3052
In this Mississippi Criminal Caselaw Roundup we’ll be discussing the latest developments in Mississippi criminal law, criminal appeals, and post-conviction relief.
Cases we’ll cover include Murder, life imprisonment, insufficient evidence, legally insufficient, expungement, abuse of discretion, and more.
The Mississippi Criminal Caselaw Roundup is a blog summarizing the latest developments in criminal law, criminal appeals, and post-conviction relief in the State of Mississippi. We digest the latest reversed convictions throughout the Mississippi Court of Appeals and Mississippi Supreme Court.
This is a FREE service designed to give you the cutting edge of developments in Mississippi criminal law, appeals, and post-conviction relief.
MISSISSIPPI SUPREME COURT
No reversals reported.
MISSISSIPPI COURT OF APPEALS
CLICK TO READ Dantrail Jackson v. State of Mississippi, Docket # 2022-KA-00009-COA
Defendant was convicted after a jury trial of Murder and sentenced to life imprisonment. The evidence at trial established that the victim, a 66-year old woman, was living with her husband and adult grandson. She answered the door one night was shot in the head immediately. Police arrived and found her dead at the scene. In a lot nearby, police found four people, including Defendant, and checked them for warrants. None had warrants, so they were released. Later police found two guns in the area and a pair of latex gloves close by where they found Defendant. One of he guns was later determined to be the murder weapon. Police also learned that earlier in the day, Defendant and the decedent’s adult grandson got into a fight with others. Defendant was arrest and charged with another individual with murder. The trials were severed, and the co-defendant was convicted first.
At Defendant’s trial, the State called no eyewitnesses, presented no physical evidence tying Defendant to the crime, and relief solely on motive and proximity to the scene of the crime. The Court of Appeals held this evidence was legally insufficient, reversed the conviction, and remanded with instructions to dismiss the Indictment
CLICK TO READ State of Mississsippi v. N.J., Docket # 2022-CA-00788-COA
In March 1996, N.J. pleaded guilty to possession of a controlled substance (cocaine) with intent to sell or deliver relating to an incident occurring in July 1995. In February 2000, N.J. pleaded guilty to the sale of cocaine relating to an incident occurring in May 1998. In 2021, he filed a motion to expunge both felony convictions, and the Circuit Court granted his petition. The court found that the two convictions “arose from a common nucleus of operative facts” and therefore could be expunged as only one felony expunction pursuant to Mississippi Code Annotated section 99-19-71(2)(a) (Rev. 2020). The State appealed.
The Court of Appeals reversed, finding that the trial court abused its discretion in determining that the two convictions arose from a common incident. The incidents were separate, and three years apart. They had no relationship with each other.
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SPECIFIC SEARCH TERMS (TAGS)
Murder, life imprisonment, insufficient evidence, legally insufficient, expungement, abuse of discretion
