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Durr v. State

September 17, 1998

DESMOND DURR
v.
STATE OF MISSISSIPPI



EN Banc.

The opinion of the court was delivered by: Mills, Justice

ON PETITION FOR WRIT OF CERTIORARI

DATE OF JUDGMENT: 04/06/95

TRIAL JUDGE: HON. BETTY W. SANDERS

COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

DISPOSITION AFFIRMED - 9/17/98

MOTION FOR REHEARING FILED: MANDATE

ISSUED:

I.

¶1. Desmond Durr was convicted of manslaughter in the Circuit Court of Sunflower County in February of 1995 for killing a fellow inmate while incarcerated in the state penitentiary located at Parchman, Mississippi. On November 21, 1997, his conviction and sentence were affirmed by the Mississippi Court of Appeals. We granted certiorari to address whether a victim's consent to severe physical contact may be used by a criminal defendant as a viable defense. We affirm both the trial and appellate courts. Such a defense is unavailable in Mississippi.

II.

¶2. Desmond Durr and Jerry Larry were both incarcerated at the Mississippi State Penitentiary in November of 1995. Durr was a member of the fraternal order, Black Gangster Disciples. Larry sought membership. Durr held the position of "zone enforcer" for the brotherhood, which entitled him to administer "love licks" to all prospective candidates for membership.

ΒΆ3. The typical candidate for membership receives thirty six violent blows to the right side of the chest. For unknown reasons, an exception was made for Larry who only received twelve hard strikes directly over his heart. These blows caused cardiac failure, eventually leading to Larry's death. Durr was subsequently ...


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