Legal Opinion · Dissent

Shaffer v. State

Mississippi Supreme Court

Decided October 27, 2011No. 2009-CT-00151-SCTPublished

1DissentKitchens, Justice

¶ 13. I respectfully dissent from the decision of my esteemed colleagues in the majority that Shaffer’s conviction of exploitation of a child should be affirmed. I agree with the conclusion of the Court of Appeals that the State failed to prove beyond a reasonable doubt the elements of the crime, as stated in the indictment and as found in the plain language of Mississippi Code Section 97-5-33(6) (Rev.2006). Shaffer v. State, 72 So.3d 1090, 1094-97 (Miss.Ct.App. Sept.14, 2010). Accordingly, I believe that, in the circumstances, the proper course is for us to reverse the conviction and render…

2Cases cited16 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Collins v. YoungbloodSupreme Court of the United States · 1990
  3. Bush v. StateMississippi Supreme Court · 2005
  4. Williams v. StateMississippi Supreme Court · 1984
  5. Edwards v. StateMississippi Supreme Court · 1985

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