Sanders v. State
| Docket Number: | 2001-KA-00795-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 01-16-2003 Opinion Author: Carlson, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Murder & Armed robbery - Invocation of right to counsel Judge(s) Concurring: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz and Graves, JJ. Non Participating Judge(s): Easley, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 03-30-2001 Appealed from: Warren County Circuit Court Judge: Isadore Patrick Disposition: The Appellant was convicted of murder and armed robbery. District Attorney: G. Gilmore Martin Case Number: 00-0116-CR-P |
|
| Party Name: | Attorney Name: | |||
| Appellant: | James Robert Sanders |
EUGENE A. PERRIER |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS, JR. |
|
|
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: | Murder & Armed robbery - Invocation of right to counsel |
| Summary of the Facts: | James Sanders was convicted of murder and armed robbery. He was sentenced to life imprisonment for murder and life imprisonment without parole for armed robbery. He appeals. |
| Summary of Opinion Analysis: | Sanders argues that he requested legal counsel after being informed of his constitutional rights and that his constitutional rights were violated when the sheriff pursued the interrogation. When a suspect invokes his right to counsel, all interrogation must cease until the lawyer is present unless the suspect himself reinitiates communication with the police. Sanders’ statement indicates that Sanders re-initiated the conversation with the sheriff by discussing his charges and the possible punishment he could receive. The trial court correctly found that Sanders waived his right to counsel by offering to talk to the sheriff after being advised of his constitutional rights. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
