Legal Opinion · Dissent

Sanders v. State

Mississippi Supreme Court

Decided May 28, 2009No. 2004-KA-00625-SCTPublished

1DissentWaller, Chief Justice

¶ 38. Because I find the assignment of error was not properly preserved for appeal and that Sanders has advanced nothing to support an inference of incompetence, I respectfully dissent.

*1142¶ 39. The trial court granted a psychiatric evaluation on motion of Sanders’s counsel pursuant to Rule 9.06 of the Uniform Rules of Circuit and County Court Practice. The exam was performed and a report was filed with the clerk’s office. According to the docket, copies were provided to the trial court and counsel for Sanders and the District attorney. The report was never offered into evidence or even marked…

2Cases cited7 opinions

  1. Pate v. RobinsonSupreme Court of the United States · 1966
  2. Drope v. MissouriSupreme Court of the United States · 1975
  3. Ross v. StateMississippi Supreme Court · 1992
  4. Jackson v. StateMississippi Supreme Court · 1982
  5. House v. StateMississippi Supreme Court · 1999

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