Foxworth v. State

MAXWELL, J.,

specially concurring:

¶ 17. I agree with the result reached by the majority but write separately to address the propriety of the State’s preemptive use of an accomplice’s guilty plea to blunt a defendant’s attack on an accomplice’s credibility. I find this practice serves a proper evidentiary purpose and is permissible if a limiting instruction is given and the accomplice testifies at trial.

I. A Co-defendant’s Guilty Plea Is Admissible for Other Purposes

¶ 18. The Mississippi Supreme Court has recognized that “[fjederal and state appellate courts have found the admission of a…