Legal Opinion · Concurrence

Lafayette v. State

Mississippi Supreme Court

Decided June 21, 2012No. 2010-CT-00064-SCTPublished

1Concurrence

CARLSON, Presiding Justice,

specially concurring:

¶ 15. The Court of Appeals held that, because Lafayette failed to object contemporaneously to the trial judge’s comments and did not raise the issue in his motion for judgment notwithstanding the verdict, the issue was waived on appeal. Lafayette v. State, 90 So.3d 1246 (¶ 16) (Miss.Ct.App. 2011). The Court of Appeals also held that, regardless of the waiver issue, the trial judge’s comments, combined with the proper Sharplin instruction, did not constitute reversible error. Id. (citing Sharplin v. State, 330 So.2d 591, 596 (Miss.1976)). The…

2Cases cited11 opinions

  1. Foster v. StateMississippi Supreme Court · 1994
  2. Gray v. StateMississippi Supreme Court · 1989
  3. Grubb v. StateMississippi Supreme Court · 1991
  4. Sharplin v. StateMississippi Supreme Court · 1976
  5. Flora v. StateMississippi Supreme Court · 2006

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