James v. State

MAXWELL, J.,

specially concurring:

¶ 26. Justice Armis Hawkins, writing for the Mississippi Supreme Court in Wilkins, held that a party must still show surprise or unexpected hostility before impeaching its own witness, despite Mississippi’s then-recent adoption of Rule 607, which does not require either of these express showings. See Wilkins v. State, 603 So.2d 309, 322 (Miss.1992).. Because our supreme court continues to- adhere to these pre-Rule 607 requirements, I am compelled to agree with the majority that we are bound by Wilkins and must reverse James’s conviction.

¶ 27. But I write…