Legal Opinion · Dissent

Booker v. State

Court of Appeals of Mississippi

Decided June 22, 2010No. 2008-KA-02054-COAPublished

1DissentIshee, J.

¶65. With respect to the majority, I must dissent. I agree the circuit court was correct in (1) denying Chad Booker’s motion for a directed verdict; (2) instructing the jury on instruction S-2-A; (3) allowing Shade White’s testimony; and (4) allowing testimony concerning the location where David White’s baseball cap was found. However, I disagree with the disposition reached by the majority to affirm Booker’s conviction of manslaughter. I believe that the circuit court erred in (1) refusing Booker’s jury instructions D-3 and D-5; (2) allowing Brenda Morgan’s testimony; and (3) refusing to…

2Cases cited4 opinions

  1. Mississippi Transp. Comm'n v. McLemoreMississippi Supreme Court · 2003
  2. McGilberry v. StateMississippi Supreme Court · 2001
  3. Cleveland v. StateCourt of Appeals of Mississippi · 2001
  4. Savannah v. StateCourt of Appeals of Mississippi · 2002

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