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Legal Opinion

Fortune v. State

Court of Appeals of Mississippi

Decided March 19, 2013No. 2011-KA-01057-COAPublishedCited by 2 opinions

1Opinion of the Court

BARNES, J.,

for the Court:

¶ 1. Mark Fortune was convicted of fondling his brother’s eleven-year-old stepdaughter and sentenced to two years in the custody of the Mississippi Department of Corrections (MDOC). He appeals the conviction, claiming the circuit court erred in denying his jury instruction for “legal unconsciousness due to involuntary intoxication.” Finding no error, we affirm.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

¶ 2. Fortune, a United States Marine, was deployed to Iraq in 2006. Four months later, he was injured by an improvised explosive device and suffered a concussion and…

2Cases cited22 opinions

  1. Bush v. StateMississippi Supreme Court · 2005
  2. People v. HalvorsenCalifornia Supreme Court · 2007
  3. State v. CaddellSupreme Court of North Carolina · 1975
  4. Hawthorne v. StateMississippi Supreme Court · 2003
  5. Nelson v. StateCourt of Appeals of Texas · 2004

17 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. John Ashley Hale v. State of MississippiMississippi Supreme Court · 2016
  2. Pharmaceutical Research and Manufacturers of America v. FitchDistrict Court, S.D. Mississippi · 2024

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