Thompson v. State
Docket Number: | 2007-KA-01338-COA Linked Case(s): 2007-KA-01338-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 09-02-2008 Opinion Author: Irving, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Burglary of building - Ineffective assistance of counsel - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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Trial Court: |
Date of Trial Judgment: 06-04-2007 Appealed from: Claiborne County Circuit Court Judge: Lamar Pickard Disposition: CONVICTED OF BURGLARY OF A BUILDING AND SENTENCED TO SIX YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Alexander C. Martin Case Number: CR-2007-10-A |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | NATHANIEL THOMPSON |
BENJAMIN A. SUBER |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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: | Burglary of building - Ineffective assistance of counsel - Sufficiency of evidence |
Summary of the Facts: | Nathaniel Thompson was convicted of burglary of a building and sentenced to six years. He appeals. |
Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Thompson argues that his trial counsel was ineffective for failing to request an instruction telling the jury to regard Craft’s testimony as an accomplice with heightened scrutiny. The record before the Court is not ripe for review of this contention. Although Thompson indicated in his brief that he would stipulate to the adequacy of the record, no such stipulation has been offered by the State. Issue 2: Sufficiency of evidence Although Thompson and others testified on his behalf, the jury was entitled to believe whomever’s story it found most credible. The testimony of Thompson’s accomplice and the corroboration provided by other State witnesses supplied sufficient evidence for a conviction. |
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