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Reith v. State

Supreme Court of Mississippi

April 10, 2014

JOSEPH ROBERT REITH a/k/a JOSEPH R. REITH a/k/a JOSEPH REITH
v.
STATE OF MISSISSIPPI

Page 863

COURT FROM WHICH APPEALED: MADISON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 09/22/2011. TRIAL JUDGE: HON. WILLIAM E. CHAPMAN, III.

FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, BY: GEORGE T. HOLMES.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LAURA HOGAN TEDDER.

RANDOLPH, PRESIDING JUSTICE. WALLER, C.J., DICKINSON, P.J., LAMAR, KITCHENS, CHANDLER, PIERCE, KING AND COLEMAN, JJ., CONCUR.

OPINION

Page 864

ON WRIT OF CERTIORARI

NATURE OF THE CASE: CRIMINAL - FELONY

EN BANC.

RANDOLPH, PRESIDING JUSTICE:

¶1. Following a jury trial in the Circuit Court of Madison County, Mississippi, Joseph Robert Reith was convicted for the murder of his ex-wife and sentenced to life imprisonment in the custody of the Mississippi Department of Corrections. Reith appealed, and his conviction and sentence were affirmed by the Mississippi Court of Appeals. Reith v. State, 135 So.3d 892, 2013 WL 1122311 (Miss. Ct. App. Mar. 19, 2013). Following that court's denial of his motion for rehearing, Reith filed a petition for writ of certiorari, which this Court granted.

FACTS

¶2. For purposes of certiorari review, we adopt the following facts from the Court of Appeals' opinion.

Reith and his wife, Tammy, divorced in 2007. The couple shared custody of their only child, Dylan. Following the divorce, Tammy voiced her intent to move to Alaska and to take Dylan with her. On March 12, 2010, Reith petitioned the chancery court for a temporary restraining order and a permanent injunction to prevent Tammy from removing Dylan from the state.
On March 23, 2010, Tammy allegedly went to Reith's apartment to visit with Dylan. However, Dylan was not home. While inside the apartment, Reith and Tammy began to argue about Tammy threatening to take Dylan to Alaska. Reith later killed Tammy as she attempted to leave his apartment. Reith admitted that he ...

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