A first for the MS Supreme Court today.

For the most part, those who read Appellate decisions are lawyers who wish to immediately stay current on the law.  For the first time ever, at least as far as I can tell, an Appellate Court has allowed anyone to literally judge the evidence for themselves.

 

Lenoir v. State

The case dealt with an Armed Robbery out of Lincoln County, and the evidence consisted mostly of a surveillance video.  The Supreme Court was unanimous that the trial judge was correct in allowing the video into evidence.  However, Justice Dickinson wrote a dissent, joined by Justices Kitchens and King, that said that no reasonable juror could have viewed the video and determined Lenoir was the robber.  “Here, no reasonable juror could find guilt beyond a reasonable doubt based on this lay opinion testimony about the perpetrator’s identity because the identifications are not sufficiently definite—containing reasonable doubt within themselves—and because the witnesses solely based their opinions on a foundation itself wrought with reasonable doubt. But to the few who read this dissent, do not take my word for it. Consider whether you believe a reasonable juror could determine guilt beyond reasonable doubt after viewing the video for yourselves.”

 

And he then linked the video, a first for Mississippi.  Welcome to the 21st century, Mississippi jurisprudence.

No comments yet.

Leave a Reply

Name (required)

Email (will not be published) (required)

Website