Banks v. State
| Docket Number: | 2009-KA-00070-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-08-2010 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Robbery - Identification process Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-17-2008 Appealed from: Coahoma County Circuit Court Judge: Al Smith Disposition: CONVICTED OF ROBBERY AND SENTENCED TO TWELVE YEARS IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Laurence Y. Mellen Case Number: 2007-0029 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Ronson Banks |
LESLIE S. LEE, DAVID LYDELL TISDELL, BENJAMIN ALLEN SUBER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY, JOHN R. HENRY, 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. |
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| Topic: | Robbery - Identification process |
| Summary of the Facts: | Ronson Banks was convicted of robbery and was sentenced to twelve years. He appeals. |
| Summary of Opinion Analysis: | Banks argues that the identification process used to identify him was so impermissibly suggestive that he suffered irreparable misidentification. However, Banks did not raise this issue at trial. Banks effectively waived his objection to the identification testimony when he failed to raise the issue at trial. In addition, Banks admitted that he took the victim’s backpack. The only issue at trial was whether or not he used a weapon when he took the backpack. His identity was simply not an issue. |
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