James Douglas Willie v. State of Mississippi

KITCHENS, JUSTICE,

CONCURRING IN PART AND IN RESULT:

¶40. While I agree with Justice Coleman’s decision that this case must be reversed and remanded due to the improper supplemental jury instruction, I disagree with its conclusion that trial counsel’s failure to object to the conclusory testimony of the State’s firearms identification expert can be deemed trial strategy. Brian Mcln-tire testified that the firearm in Willie’s possession matched the projectiles and fragments in evidence. Mclntire rendered these opinions in absolute terms, instead of to a reasonable degree of certainty in the…