Legal Opinion · Concurrence

Taylor v. State

Court of Appeals of Mississippi

Decided October 11, 2011No. 2009-KA-00669-COAPublished

1Concurrence

MAXWELL, J.,

specially concurring:

¶ 21. Mississippi courts have not squarely addressed whether statutory rape under Mississippi Code Annotated section 97-3-65 (Supp.2011), constitutes a crime of violence for sentencing purposes. Considering this issue, of first impression, I agree with the majority’s conclusion. While I understand the dissent’s reasoning — that there may be instances where no force is used during intercourse between an adult and a minor — I depart from this view and instead find section 97-3-65 was intended to protect children age fifteen or younger from the inherent dangers…

2Cases cited10 opinions

  1. United States v. Defabian C. ShannonCourt of Appeals for the Seventh Circuit · 1997
  2. United States v. Alvin James PierceCourt of Appeals for the Fourth Circuit · 2002
  3. United States v. Tyrice L. SawyersCourt of Appeals for the Sixth Circuit · 2005
  4. United States v. DayeCourt of Appeals for the Second Circuit · 2009
  5. Phillipson v. StateMississippi Supreme Court · 2006

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