Brown v. State
Court of Appeals of Mississippi
1DissentRoberts, J.
¶ 33. The majority affirms the decision of the Harrison County Circuit Court based on the majority’s judicial declaration that burglary of a dwelling in Mississippi, be it inhabited or uninhabited, is “per se” a crime of violence as a matter of law under all circumstances. With the utmost respect for the majority, I believe that this is an issue best left to the Legislature. I find myself unable to take such a giant step absent legislative determination or supreme court guidance on the subject. The outcome is the difference between serving five years in prison versus dying there.14 *1140I agree…
2Cases cited17 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Magee v. StateMississippi Supreme Court · 1989
- Keyes v. StateMississippi Supreme Court · 1989
- Ashley v. StateMississippi Supreme Court · 1989
- McLamb v. StateMississippi Supreme Court · 1984
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