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[T] Toles v. State

June 16, 1998

PURVIS LEO TOLES, JR., APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before Bridges, C.j., Coleman, And Diaz, JJ.

The opinion of the court was delivered by: Diaz, J., For The Court:

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

DATE OF JUDGMENT: 10/11/95

TRIAL JUDGE: HON. JOHN H. WHITFIELD

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: MURDER: SENTENCED TO SERVE A TERM OF LIFE IMPRISONMENT IN THE CUSTODY OF THE MDOC

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Purvis Leo Toles, Jr. was convicted in the Harrison County Circuit Court of the murder of Jay Collins on November 19, 1994. Alleging error in his conviction, Toles now appeals to this Court. Toles alleges the following issues for this Court to determine:

I. DID THE TRIAL COURT ERR IN FAILING TO SUSTAIN DEFENDANT'S MOTION FOR A DIRECTED VERDICT, A PEREMPTORY INSTRUCTION, AND FOR JNOV OR NEW TRIAL SINCE NO REASONABLE HYPOTHETICAL JUROR COULD HAVE RETURNED A GUILTY VERDICT UNDER THE EVIDENCE PRESENTED BELOW, AND SINCE THE SAID VERDICT WAS CONTRARY TO THE GREAT WEIGHT OF THE EVIDENCE;

II. DID THE TRIAL COURT ERR IN FAILING TO SUSTAIN TOLES'S BATSON OBJECTIONS DURING THE JURY SELECTION PROCESS;

III. DID THE TRIAL COURT ERR IN DISMISSING CERTAIN JURY JUDGESISTS FOR CAUSE, DUE TO CERTAIN CONSCIENTIOUS SCRUPLES EXPRESSED DURING VOIR DIRE; AND

IV. DID THE TRIAL COURT ERR IN REFUSING DEFENDANT'S PROPOSED JURY INSTRUCTION D-7 CONCERNING THE AUTHORITY OF THE JURY TO REJECT DEFENDANT'S ALLEGED "CONFESSION" UNDER CERTAIN CIRCUMSTANCES?

Finding no error, we ...


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