Legal Opinion · Dissent

Carroll v. State

Court of Appeals of Mississippi

Decided August 27, 2013No. 2012-CP-00887-COAPublished

1DissentCarlton, J.

¶21. I respectfully dissent from the majority’s opinion because I find the record reflects that the trial judge sufficiently articulated his reasoning for imposing banishment from the Third Circuit Court District, setting forth the factors as required by Cobb v. State, 437 So.2d 1218, 1219-21 (Miss.1983). I also dissent from the majority’s finding that the record contains a sufficient factual basis for such banishment. See Means v. State, 43 So.3d 438, 447 (¶ 33) (Miss.2010) (Graves, P.J., specially concurring) (acknowledging that the supreme court only recently began requiring the trial…

2Cases cited11 opinions

  1. Michael Stevens Owens v. Asa D. Kelley, Jr., Etc.Court of Appeals for the Eleventh Circuit · 1982
  2. Means v. StateMississippi Supreme Court · 2010
  3. United States v. Mohamad AbushaarCourt of Appeals for the Third Circuit · 1985
  4. McCreary v. StateMississippi Supreme Court · 1991
  5. Cobb v. StateMississippi Supreme Court · 1983

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