Evans v. State
| Docket Number: | 2009-CT-00854-SCT Linked Case(s): 2009-KA-00854-COA2009-KA-00854-COA2009-CT-00854-SCT2009-CT-00854-SCT |
|
| Oral Argument: | 11-27-2012 | |
* This video is best viewed in the most current version of Google Chrome, Internet Explorer with Windows Media Player plug-in, or Safari (Mac Users). |
||
| Supreme Court: | Opinion Link Opinion Date: 01-31-2013 Opinion Author: Chandler, J. Holding: Reversed and Remanded |
|
| Court of Appeals: |
Opinion Link Opinion Date: 06-14-2011 Opinion Author: Irving, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Murder - Imperfect self-defense theory - Funds for expert assistance - Post-traumatic stress-disorder - Due process Judge(s) Concurring: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce and Coleman, JJ. Non Participating Judge(s): King, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Granted Appealed from Court of Appeals |
|
| Trial Court: |
Date of Trial Judgment: 03-12-2009 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Cono A. Caranna, II Case Number: B2402-2008-027 |
|
| Note: | The Supreme Court found that the trial court abused its discretion in denying Dante funds to hire an expert in PTSD to assist Dante in the preparation of his defense and reversed and remanded the case. The original Court of Appeals opinion can be found at http://www.mssc.state.ms.us/Images/HDList/..%5COpinions%5CCO70537.pdf . | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Dante Lamar Evans |
ROBERT B. MCDUFF
BRYAN A. STEVENSON |
|
|
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND | ||
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 - Imperfect self-defense theory - Funds for expert assistance - Post-traumatic stress-disorder - Due process |
| Summary of the Facts: | Dante Evans was convicted of murder and was sentenced as an adult to life imprisonment. The Court of Appeals affirmed Dante’s conviction and sentence. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Dante argues that his theory of imperfect self-defense required an expert on PTSD (post-traumatic stress-disorder) and that the trial court’s refusal of funds for such an expert was error. It is an abuse of discretion for a trial court to deny funds for an expert if the defendant has provided concrete reasons showing a substantial need for such assistance. In this case, Dante met his burden of showing that an expert in PTSD was necessary. While Dr. Smallwood was appointed to evaluate Dante and to determine his competency to stand trial and did find him competent to stand trial, she stated that she would not be able to testify as to how PTSD may affect a person’s state of mind because she lacked expertise in that field. Her report stated that Dante had been diagnosed with PTSD and that he exhibited symptoms of PTSD. Dante needed an expert in PTSD to assist jurors in understanding and making an informed decision about the effect of PTSD on Dante at the time of the murder. Thus, the court’s denial of funds was an abuse of discretion and violated Dante’s due-process rights. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
