Scott Herman Bates v. State of Mississippi

¶ 22. Because I believe that Officer Cox was not acting within the scope of his office or duty at the time the assault occurred, I respectfully dissent. I also believe this Court should address the Court of Appeals’ erroneous decision on an evi-dentiary issue; thus, I will also address the admission of lay testimony of a nurse who did not treat Bates.

¶ 23. First, it is necessary to expand on the majority’s recitation of facts. On June 25, 2011, into the early morning of June 26, 2011, Deputy James D. Cox, a patrol deputy with the Hinds County Sheriffs Department, was working off-duty as a…