Robinson v. State
Docket Number: | 2002-KA-01238-COA Linked Case(s): 2002-KA-01238-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 04-06-2004 Opinion Author: Irving, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Manslaughter - Medical privilege - Opening statement - Sufficiency of evidence - Appeal bond - Excessive sentence Judge(s) Concurring: King, P.J., Bridges, Thomas, Lee and Myers, JJ. Dissenting Author : Griffis, J. Dissent Joined By : McMillin, C.J., Southwick, P.J., and Chandler, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 07-22-2002 Appealed from: Madison County Circuit Court Judge: Samac Richardson Disposition: CONVICTED OF MANSLAUGHTER AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MDOC District Attorney: David Byrd Clark Case Number: 2001-299 |
Party Name: | Attorney Name: | |||
Appellant: | Shadow Robinson |
THOMAS W. POWELL
LISA MISHUNE ROSS |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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. |
Topic: | Manslaughter - Medical privilege - Opening statement - Sufficiency of evidence - Appeal bond - Excessive sentence |
Summary of the Facts: | Shadow Robinson was convicted of manslaughter and sentenced to twenty years. She appeals. |
Summary of Opinion Analysis: | Issue 1: Medical privilege Robinson argues that the court erred in finding that the victim did not waive the medical privilege when he freely took Robinson to one of the counseling sessions and in ruling that a psychotherapist who conducted only two counseling sessions with the victim could not testify concerning communications presumably made by the victim during one of the sessions. However, there is nothing to support Robinson's claim that information from the counseling sessions would have aided her defense. Robinson never contended or testified that fear of Robinson, based on his history of relating to her, caused her to fire the fatal shot. Because it was her position that the shooting was somehow an accident, it is not necessary to decide whether the victim waived the privilege by taking Robinson to one of the counseling sessions. In addition, the psychotherapist’s notes contain no exculpatory information, and Robinson failed to show that the anger management problem, for which the victim had been treated in some unspecified prior year, had not abated and that he had continued to exhibit aggressive and violent behavior toward her. Issue 2: Opening statement Robinson argues that the judge prevented her attorneys from mentioning in their opening statement previous acts of violence perpetrated upon her by the victim. However, Robinson misstates what occurred. The judge ruled that Robinson could not mention any acts of violence on the part of the victim until she offered evidence that he was the aggressor on the night in question and that he perpetrated an overt act against her. Issue 3: Sufficiency of evidence Robinson argues that the evidence which was presented was insufficient because other evidence was omitted, i.e., the counseling sessions. However, there is evidence that Robinson deliberately and intentionally went into the room to get her pistol to kill the victim. Issue 4: Appeal bond Robinson argues that the court erred in refusing to allow her to remain free after the verdict. However, the court advised Robinson's attorneys that it would not allow her to remain free after the verdict was returned until she had posted an appeal bond. Robinson also argues that the court erred in raising her bond without making findings of fact. Because her conviction is affirmed, these issues are moot. Issue 5: Excessive sentence Robinson argues that her sentence of twenty years for her manslaughter conviction was excessive. Sentences which are within the statutory limit are not considered cruel and unusual punishment. The law of this state provides a maximum sentence of twenty years for manslaughter. |
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