Dale Patrick Miller v. Jessica Dawn Smith
Mississippi Supreme Court
1Dissent
KITCHENS, PRESIDING JUSTICE,
DISSENTING:
¶ 32. The chancellor’s having ordered Dale Patrick Miller to absent himself from the courtroom with no ability to monitor the proceedings or consult with counsel violated Miller’s rights guaranteed by Article 3, Section 25, of the Mississippi Constitution. I cannot join the majority’s determination that this was harmless error. I would reverse and remand this case for a new trial.
¶ 33. Article 3, Section 25, of the Mississippi Constitution states: “[n]o person shall be debarred from prosecuting or defending any civil cause for or against him or herself,…
2Cases cited4 opinions
- Dusky v. United StatesSupreme Court of the United States · 1960
- Sanders v. StateMississippi Supreme Court · 2009
- Dunn v. YagerMississippi Supreme Court · 2011
- D.A.P. v. C.A.P.R.Court of Appeals of Mississippi · 2005