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05/30/96 DANNY OAKS A/K/A DANIEL DENTON OAKS v.

May 30, 1996

DANNY OAKS A/K/A DANIEL DENTON OAKS, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before Thomas, P.j., Coleman, And Hinkebein, JJ.

The opinion of the court was delivered by: Thomas, P.j., For The Court:

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. BARRY W. FORD

COURT FROM WHICH APPEALED: LEE COUNTY CIRCUIT COURT

BY: PAT S. FLYNN

DISTRICT ATTORNEY: JOHN R. YOUNG

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: MANSLAUGHTER: SENTENCED TO SERVE A TERM OF 12 YRS IN THE MDOC; DEFENDANT IS ORDERED TO HAVE NO CONTACT WITH THE VICTIM'S FAMILY; DEFENDANT IS ORDERED TO PAY COURT COSTS

DISPOSITION REVERSED AND REMANDED - 5/5/98

Danny Oaks appeals his conviction of manslaughter raising the following issues, taken verbatim from appellant's brief, as error:

I. THERE WAS NO EVIDENCE TO SUPPORT THE STATE'S THEORY THAT OAKS HAD FORCED PENNY OFF THE ROAD. TO THE CONTRARY, ALL OF THE EVIDENCE WAS THAT PENNY HAD FORCED DANIEL OFF THE ROAD TO THE LEFT AND THEN HAD LOST CONTROL OF HER VEHICLE, EXITING THE HIGHWAY TO THE RIGHT. ACCORDINGLY, THE COURT ERRED IN DENYING DEFENDANT'S MOTION FOR A DIRECTED VERDICT.

II. THE FIRST JURY, IN EFFECT, FOUND OAKS NOT GUILTY FOR MURDER. THUS, THE EVIDENCE OF MALICE OR THREATS BY DANIEL AGAINST PENNY WAS IRRELEVANT. THE COURT ERRED IN DENYING DEFENDANT'S MOTION IN LIMINE PROHIBITING THE STATE FROM INTRODUCING THIS EVIDENCE. RECEIVING THIS EVIDENCE VIOLATED THE FIFTH AMENDMENT DOUBLE JEOPARDY CLAUSE.

III. THE COURT ERRED IN ALLOWING THE STATE TO PROCEED TO TRIAL ON A MURDER INDICTMENT AFTER THE STATE, THROUGH EX PARTE COMMUNICATIONS, HAD SUCCEEDED IN OBTAINING A DISMISSAL WITHOUT PREJUDICE OF THE MANSLAUGHTER INDICTMENT.

IV. THE COURT VIOLATED DEFENDANT'S DUE PROCESS RIGHTS UNDER THE MISSISSIPPI AND UNITED STATES CONSTITUTION BY GIVING AN INSTRUCTION WHICH ...


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