Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Winston v. State

June 30, 1998

WINSTON
v.
STATE



Before Thomas, P.j., Diaz, And Herring, JJ.

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

96-KA-00748-COA

DERRICK WINSTON AND ANDREW WINSTON, APPELLANTS v. STATE OF MISSISSIPPI, APPELLEE

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

DATE OF JUDGMENT: 06/07/96

TRIAL JUDGE: HON. KENNETH LEVENE THOMAS

COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT

BY: CHARLES W. MARIS JR.

DISTRICT ATTORNEY: LAWRENCE Y. MELLEN

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: DERRICK CT I MURDER: CT II THRU CT IV AGGRAVATED ASSAULT: SENTENCED TO LIFE IN MDOC; CT II, CT III CT IV SENTENCED TO 3 YRS IN EACH COUNT IN MDOC; ANDREW CT I MURDER SENTENCED TO LIFE IN MDOC; CT II THRU CT IV AGGRAVATED ASSAULT: 8 YRS

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Derrick and Andrew Winston appeal their convictions of murder and three counts of aggravated assault raising the following issues as error:

I. THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN COMMENTING THAT DESI JACKSON, A WITNESS, HAD PERJURED HIMSELF AND HAD JACKSON TAKEN INTO CUSTODY IN THE PRESENCE OF THE JURY.

II. THE TRIAL COURT ABUSED ITS DISCRETION IN ALLOWING THE STATE TO PRESENT REBUTTAL EVIDENCE WHEN NEITHER DEFENDANT TESTIFIED NOR PRESENTED ANY EVIDENCE IN ITS CASE-IN-CHIEF.

III. THE UNSWORN STATEMENTS OF DESI JACKSON AND JACK PETERSON WERE ALLOWED AS SUBSTANTIVE EVIDENCE TO THE JURY AND THE COURT'S CAUTIONARY ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.