Dominic C. Robinson v. State of Mississippi

KITCHENS, PRESIDING JUSTICE, DISSENTING:

¶ 65. I respectfully dissent. Jury Instruction S-14A erroneously singled out the identification testimony of Darius Wright and amounted to a comment on the quality and weight of his testimony. Additionally, the prosecutor used Robinson's exercise of his right to remain silent to impeach his trial testimony about his whereabouts at the time of the shooting, constituting plain error. Because of these errors, I would reverse and remand for a new trial.

I. Jury Instruction

¶ 66. At the trial, it was undisputed that, during the early morning hours of March 6,…