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[T] Schneider v. State

July 21, 1998

KEITH ANTHONY SCHNEIDER, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before McMILLIN, P.j., Diaz, And King, JJ.

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

Schneider v. State, 96-KA-01050-COA

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

DATE OF JUDGMENT: 01/30/96

TRIAL JUDGE: HON. ROBERT H. WALKER

COURT FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: SEXUAL BATTERY: SENTENCED TO SERVE A TERM OF 20 YRS IN THE CUSTODY OF THE MDOC

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Keith Anthony Schneider *fn1 was convicted of sexual battery in violation of Miss. Code Ann. § 97-3-95 (Rev.1994) and sentenced to serve a term of twenty years in the custody of the Mississippi Department of Corrections. Aggrieved, Schneider argues three points of error on appeal:

(1) The prosecutor violated the Appellant's rights under the 5th Amendment to the US Constitution during his closing argument by calling attention to the fact that Appellant had not testified during the trial.

(2) The prosecutor's continual reference to the complaining witness as the "victim" impugned ...


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