Hughes v. State

ROBERTS, J.,

specially concurring:

¶ 16. While I concur with the majority’s resolution of the issues in this case, I write separately to express my disdain over the often-used characterization of an appellate court’s role when reviewing the weight of the evidence — namely our self-assigned role of the “thirteenth juror.” It is a moniker I could not disagree with more.

¶ 17. My review of this state’s jurisprudence on the matter shows that the first appearance of “thirteenth juror” used by a Mississippi appellate court in the context of an appellate court’s role in a review of the weight of the…