Burleson v. State

WALLER, Chief Justice,

for the Court:

¶ 1. Charles David Burleson II appeals his conviction and sentence for capital murder with the underlying felony of robbery. Finding that the trial court erred in amending Burleson’s indictment to charge him as a violent habitual offender and in denying Burleson’s proffered circumstantial-evidence instruction, we reverse Burle-son’s conviction and sentence and remand this case for a new trial.

FACTS & PROCEDURAL HISTORY

¶ 2. On Saturday, May 15, 2010, Donnie Holley returned to his home in Thrasher, Mississippi, after a fishing trip with his son Scott. As he…