Everett Moore v. State of Mississippi

MAXWELL, JUSTICE, DISSENTING:

¶ 33. The majority throws out the jury's guilty verdict and renders what is tantamount to an automatic reversal of Moore's second degree murder conviction based solely on a harmless instructional error. With respect for the majority, I find this approach is flawed, manifestly wrong, and results in a mischievous outcome. 5 Because there is no reversible error, I respectfully dissent.

¶ 34. First, the majority acts on a completely false premise-that there is an " arguably stricter burden of proof placed upon the state in circumstantial evidence cases. " 6 This is…