Legal Opinion · Dissent

Roach v. State

Mississippi Supreme Court

Decided April 23, 2009No. 2005-CT-00237-SCTPublished

1DissentKitchens, Justice

¶ 44. Today’s decision marks the end of a poor performance by our state’s criminal justice system in the case of this defendant. Roach may very well be guilty of the crimes of which he is accused, but our fidelity to the law must transcend our attention to specific results. “It is not enough to justify a conviction that the defendant be guilty. He has a right to be tried in accordance with the rules of law.” Rutherford v. United States, 258 F. 855, 863 (2nd Cir.1919). Today’s ruling falls short of that charge, and therefore, I respectfully dissent.

I

¶ 45. Consistent with the Fourth Amendment…

2Cases cited31 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Franks v. DelawareSupreme Court of the United States · 1978
  3. Berger v. United StatesSupreme Court of the United States · 1935
  4. Johnson v. United StatesSupreme Court of the United States · 1948
  5. West v. StateMississippi Supreme Court · 1988

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