McKeown v. Pitcock

MAXWELL, J.,

specially concurring:

¶ 18. I agree with the majority’s affir-mance but write separately to address McKeown’s rebanee on the Mississippi Supreme Court’s recent decision in Birkhead v. State, 57 So.3d 1223 (Miss.2011). McKeown stringently and quite convincingly argues that, based on Birkhead’s apparent inclusive view of Mississippi Rule of Evidence 803(9), the deputy coroner’s statement of the cause of Janice’s death, though clearly opinion evidence, should have been admitted because it was contained in Janice’s death certificate.

Birkhead v. State

¶ 19. In Birkhead, a criminal case,…