Legal Opinion · Concurring in part, dissenting in part

Remill Mason v. State of Mississippi

Court of Appeals of Mississippi

Decided May 30, 2017No. 2015-CA-00523-COAPublished

1Concurring in part, dissenting in part

BARNES, J,

CONCURRING IN PART'AND DISSENTING IN PART:'

¶ 21. I concur with the majority’s findings on issues (2) and (4). Regarding Mason’s claim that he was actually or factually innocent of the kidnapping charge, I agree with the majority’s finding that the claim was without merit, but I write separately to highlight additional evidence supporting the factual basis for Mason’s guilty plea. For the charge of. kidnapping, the State would have to prove that Mason, “without lawful authority and with or without intent to secretly confine,” forcibly seized and confined Richmond “with intent to…

2Cases cited30 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Solem v. HelmSupreme Court of the United States · 1983
  3. Roper v. SimmonsSupreme Court of the United States · 2005
  4. Montgomery v. LouisianaSupreme Court of the United States · 2016
  5. United States v. BroceSupreme Court of the United States · 1989

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