Legal Opinion · Concurrence

Cole v. State

Mississippi Supreme Court

Decided October 17, 2013No. 2012-KA-00566-SCTPublished

1ConcurrenceRandolph, Presiding Justice

¶ 30. The State argued that Cole’s prior sexual misconduct against minors was admissible “for the purposes of proof of motive, as they say in Gore, to gratify his lust, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident.” The trial court then admitted the evidence “because of all the reasons argued by [the State].... ”

¶ 31. I concur in result, observing that the trial court properly admitted evidence of the prior bad acts, for the reasons argued by the State. This comports with Rule 404(b) and a series of cases in which *887various trial courts were…

2Cases cited6 opinions

  1. Mitchell v. StateMississippi Supreme Court · 1989
  2. O'Connor v. StateMississippi Supreme Court · 2013
  3. Derouen v. StateMississippi Supreme Court · 2008
  4. Gore v. StateMississippi Supreme Court · 2010
  5. Green v. StateMississippi Supreme Court · 2012

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