Banton v. State
| Docket Number: | 2009-KA-00905-COA Linked Case(s): 2009-KA-00905-COA ; 2009-CT-00905-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-20-2010 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Murder - Weight of evidence - Castle doctrine - Section 97-3-15(3) - Cruel and unusual punishment Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Concur in Part, Concur in Result 1: Barnes, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-29-2009 Appealed from: PANOLA COUNTY CIRCUIT COURT Judge: James McClure, III Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: John W. Champion Case Number: 2008-140-M-P2 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Cody Banton |
DAVID L. WALKER |
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| 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. |
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| Topic: | Murder - Weight of evidence - Castle doctrine - Section 97-3-15(3) - Cruel and unusual punishment |
| Summary of the Facts: | Cody Banton was convicted of murder and was sentenced to life in prison. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence Banton argues that the verdict is against the weight of the evidence, because he feared for his father’s life and was only trying to protect him. Both Banton and his father gave contradictory versions of the events to the police officers. Initially, they stated that the shooting was accidental, but later they changed their statements to say that the shooting was in self-defense. In addition, an eyewitness’s statements to the police officers following the incident and her testimony at trial of what happened that night are consistent with the physical evidence at the scene. After weighing the evidence and assessing the witnesses’ credibility, the jury returned a guilty verdict and does not represent an unconscionable injustice. Banton also argues that his actions were justifiable under section 97-3-15(3), the “Castle Doctrine.” The evidence showed that the victim was neither in the process of unlawfully and forcibly entering nor had unlawfully and forcibly entered the Bantons’ property when Banton shot him. Moreover, there was no evidence that the victim was going to commit an assault, offer violence to anyone on the property, or commit some other crime on the property. Thus, Banton's killing of the victim cannot be justified under the “Castle Doctrine.” Issue 2: Cruel and unusual punishment Banton argues that the circuit court erred in sentencing him to life imprisonment because he was only seventeen years old at the time of sentencing. Banton fails to provide relevant authority to support his contention. Failure to comply with M.R.A.P. 28(a)(6) renders an argument procedurally barred. In addition, a conviction of murder carries a sentence of life imprisonment under section 97-3-21. |
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