Booker v. State
| Docket Number: | 2002-KA-01460-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-20-2004 Opinion Author: Lee, J. |
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| Additional Case Information: |
Topic: Armed robbery - Ineffective assistance of counsel - Voluntariness of confession Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-08-2002 Appealed from: Warren County Circuit Court Judge: Frank G. Vollor Disposition: CONVICTED OF ARMED ROBBERY AND SENTENCED TO TEN YEARS, WITH FIVE YEARS TO SERVE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND FIVE YEARS' POSTRELEASE SUPERVISION District Attorney: G. Gilmore Martin Case Number: 02-0059CRV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Bobby Derrell Booker a/k/a Bobby Derell Booker |
MICHAEL ELIAS WINFIELD |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Armed robbery - Ineffective assistance of counsel - Voluntariness of confession |
| Summary of the Facts: | Bobby Booker was convicted of armed robbery and was sentenced to ten years, with five years suspended and five years to serve. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Booker argues that he was denied effective assistance of counsel, because his trial counsel, during the motion to suppress hearing, failed to offer any testimony concerning Booker's request for an attorney prior to his interrogation by the detective. As Booker testified during cross-examination that he had not asked for an attorney, his attorney could not be ineffective in failing to question him on the matter. Issue 2: Voluntariness of confession Booker argues that his confession was not given voluntarily, but rather resulted from promises of reward and leniency by the detective. Not only did Booker fail to provide any testimony at the hearing that he was coerced into giving a statement, but during the motion hearing, Booker's attorney stated that they were not alleging that Booker was threatened. |
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