Marcus Roberson v. State of Mississippi
| Docket Number: | 2003-CT-01672-COA Linked Case(s): 2003-CT-01672-SCT2003-CA-01672-COA |
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| Oral Argument: | 11-23-2004 | |
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| Additional Case Information: |
Topic: Habeas corpus relief - Multiple trials - Change in testimony of witnesses - Federal detainer |
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| Party Name: | Attorney Name: | |||
| Appellant: | Marcus Roberson |
Boyd P. Atkinson, Darnell Felton |
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| Appellee: | State of Mississippi | Charles W. Maris, John R. Henry, Jr., Jim Hood |
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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: | Habeas corpus relief - Multiple trials - Change in testimony of witnesses - Federal detainer |
| Summary of the Facts: | Marcus Roberson was indicted and tried on multiple counts of murder. After four mistrials, Roberson, through writ of habeas corpus, sought to bring his trials to an end. The court denied his requested relief, and Roberson appeals. |
| Summary of Opinion Analysis: | Roberson argues that the State has gained an unfair advantage, because the State’s witnesses had the opportunity to make subtle adjustments to their testimony to aid in conviction. It is not appropriate for a court to make its decision on what is a matter of pure speculation over how the testimony of a witness may, or may not, change, and what would be the effect of any change. Therefore, the trial court properly declined to decide those claims because Roberson had not yet been convicted as a result of any subtle adjustments in testimony by the State’s witnesses. Further, Roberson was convicted in federal court and sentenced to 120 months of incarceration. Roberson is not in active federal custody, but rather being held in Coahoma County Jail on a federal detainer. The effect of the federal detainer is to constructively place Roberson in federal custody. As such, if habeas relief were appropriate on the state charge, it would not cause Roberson to be released from incarceration. |
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