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Palm v. State

April 09, 1998

MICHAEL PALM
v.
STATE OF MISSISSIPPI



Before Prather, C.j., Roberts And Mills, JJ.

The opinion of the court was delivered by: Roberts, Justice, For The Court:

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

DATE OF JUDGMENT: 06/19/96

TRIAL JUDGE: HON. MARCUS GORDON

COURT FROM WHICH APPEALED: SCOTT COUNTY CIRCUIT COURT

BY: DEIRDRE McCRORY

DISTRICT ATTORNEY: J. KENNEDY TURNER

NATURE OF THE CASE: CRIMINAL - FELONY

STATEMENT OF THE CASE

On June 13, 1996, Michael Palm was convicted in the Circuit Court of Scott County on a charge of burglary of a dwelling pursuant to Miss. Code Ann. § 97-17-19. He was sentenced June 16, 1996 to a term of eight (8) years in the custody of the Mississippi Department of Corrections and ordered to pay a fine of $1,000. Aggrieved by the judgment rendered against him, Palm has perfected an appeal to this Court raising the following issues:

I. WHETHER THE REPEAL, PRIOR TO TRIAL, OF THE STATUTE UNDER WHICH PALM WAS CONVICTED RENDERED THE CONVICTION REVERSIBLE ERROR?

II. WHETHER THE TRIAL COURT ERRED IN ADMITTING THE CONFESSION INTO EVIDENCE BECAUSE IT WAS NOT VOLUNTARY, COUNSELED, MADE KNOWINGLY OR INTELLIGENTLY, AND DID NOT ACCURATELY REFLECT THE SUBSTANCE OF PALM'S STATEMENT?

STATEMENT OF THE FACTS

The residence of Wendell C. Settlemire, located in Morton, Mississippi, was burglarized on October 5, 1995. On December 6, 1995, Palm was arrested for this crime. It was during this arrest that he signed a statement in the presence of Officer Fasano confessing to the crime that had taken place on October 5, 1995. The statement was written by Officer Fasano at Palm's request. Before signing the statement Officer Fasano mirandized Palm by reading aloud a standard form that is used when the police are taking a statement. In this confession Palm admitted that he, along with Damien Dozier and James Montgomery, broke into Settlemire's house and removed a CD player, VCR, camcorder and a Polaroid camera. On December 7, ...


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