Legal Opinion · Dissent

Brown v. State

Court of Appeals of Mississippi

Decided June 21, 2011No. 2010-KA-00352-COAPublished

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

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Magee v. StateMississippi Supreme Court · 1989
  3. Keyes v. StateMississippi Supreme Court · 1989
  4. Ashley v. StateMississippi Supreme Court · 1989
  5. McLamb v. StateMississippi Supreme Court · 1984

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