Legal Opinion

Birkhead v. State

Mississippi Supreme Court

Decided February 17, 2011No. 2007-KA-00666-SCTPublishedCited by 56 opinions

1Opinion of the Court

ON MOTION FOR REHEARING

RANDOLPH, JUSTICE,

for the Court:

¶ 1. Richard Earl Birkhead’s motion for rehearing is denied. The previous majority opinion of this Court is withdrawn and this opinion is substituted therefor.

¶ 2. On November 21, 2003, Birkhead was indicted for the capital murder of Walter Lanier while engaged in a robbery.1

¶ 3. A four-day jury trial was conducted in the Circuit Court of Washington County. After the State rested, Birkhead moved for directed verdict, which the trial court denied. Birkhead did not testify and offered no witnesses. The jury found Birkhead guilty of capital…

2Cases cited48 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Crawford v. WashingtonSupreme Court of the United States · 2004
  3. Ohio v. RobertsSupreme Court of the United States · 1980
  4. Davis v. WashingtonSupreme Court of the United States · 2006
  5. Atkins v. VirginiaSupreme Court of the United States · 2002

43 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Bailey v. StateMississippi Supreme Court · 2012
  2. States v. StateMississippi Supreme Court · 2012
  3. Hardison v. StateMississippi Supreme Court · 2012
  4. Cox v. StateMississippi Supreme Court · 2016
  5. Jefferson v. StateCourt of Appeals of Mississippi · 2014

51 more not listed; retrieve them via the Exa API.

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