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Robinson v. State

March 25, 1999

JEREMIAH OATIS ROBINSON
v.
STATE OF MISSISSIPPI



The opinion of the court was delivered by: Pittman, Presiding Justice

DATE OF JUDGMENT: 09/25/96

TRIAL JUDGE: HON. L. BRELAND HILBURN, JR.

COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: EDWARD J. PETERS

NATURE OF THE CASE: CRIMINAL - FELONY

DISPOSITION: REVERSED AND REMANDED - 3/25/1999

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

EN BANC.

PART ONE

I. STATEMENT OF THE CASE

¶1. Appellant Jeremiah Otis Robinson was tried and convicted in the Circuit Court of Hinds County, First Judicial District, for uttering a forgery. As a result, Robinson was sentenced to fifteen years in prison, with three years suspended. His motion for judgment notwithstanding the verdict (JNOV), or, in the alternative, a new trial, was denied. Robinson appeals and raises the following issues for consideration by this Court:

A. WHETHER THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN ALLOWING, OVER DEFENSE OBJECTION, EVIDENCE OF OTHER CRIMES, WRONGS, OR ACTS OF THE DEFENDANT IN VIOLATION OF RULES 403 AND 404(b), M.R.E., AND FURTHER, ERRED IN FAILING TO CHARGE THE TRIAL JURY SUA SPONTE WITH A LIMITING INSTRUCTION CONCERNING THE ADMISSION OF SUCH EVIDENCE?

B. WHETHER THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN ALLOWING EVIDENCE OF ROBINSON'S PRIOR CONVICTIONS INVOLVING CRIMES OF DISHONESTY WITHOUT CHARGING THE TRIAL JURY WITH AN ACCOMPANYING ...


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