Griffin v. State


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Docket Number: 2002-KA-00287-COA
Linked Case(s): 2002-KA-00287-COA

Court of Appeals: Opinion Link
Opinion Date: 01-21-2003
Opinion Author: McMillin, C.J.
Holding: Affirmed

Additional Case Information: Topic: Negligent DUI causing death - Right against self-incrimination
Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ.
Non Participating Judge(s): Griffis, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 02-15-2002
Appealed from: Panola County Circuit Court
Judge: Andrew C. Baker
Disposition: DRIVING UNDER THE INFLUENCE IN A NEGLIGENT MANNER CAUSING DEATH: SENTENCED TO A TERM OF 22 YEARS IN THE MDOC WITH THE LAST 11 YEARS SUSPENDED.
District Attorney: Ann H. Lamar
Case Number: CR-2001-67-BP2

  Party Name: Attorney Name:  
Appellant: Bobby Earl Griffin




DAVID CLAY VANDERBURG



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

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Topic: Negligent DUI causing death - Right against self-incrimination

Summary of the Facts: Bobby Griffin was convicted of driving under the influence in a negligent manner and thereby causing the death of another person. He was sentenced to twenty-two years with eleven years suspended. He appeals.

Summary of Opinion Analysis: Griffin argues that the prosecuting attorney violated his Fifth Amendment right against self-incrimination by attempting to put before the jury the fact that Griffin had refused to discuss the incident with investigating officers shortly after the accident. When an isolated prejudicial question or comment by the prosecution is objected to, the objection is sustained, and the judge instructs the jury to disregard the incident, there is a presumption that the court cured the error. Here, there was an objection, and the court immediately cautioned the jury and instructed the jury not to speculate about potential responses to unanswered questions.


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