Burns v. State
| Docket Number: | 96-DP-01088-SCT | |
| Supreme Court: |
Opinion Date: 07-22-2010 Holding: Motion to Reset Execution Date filed by the State of Mississippi is granted. Motion to Stay Execution filed by Joseph Daniel Burns is denied. Amended Motion to Stay Execution filed by Joseph Daniel Burns is denied. The execution of Joseph Daniel Burns shall take place on July 21, 2010, in the manner provided by law. It is further ordered that this order shall serve as the warrant of execution for Joseph Daniel Burns; Petitioner's motion related to clemency proceedings is dismissed without prejudice to be refiled with the Office of Governor. Petitioner's Motion for Access related to judicial proceedings is denied. Graves, P.J., and Kitchens, J., object and would find that the Motion for Access to expert psychologist should be granted inasmuch as the Mississippi Department of Corrections does not permit an expert to gain access to a death row inmate without a court order. Further, an order from this Court granting the access requested would not infringe upon the power of the Executive Branch to grant or deny a pardon or commute a sentence. We note that the defendant herein has already requested relief from the Executive Branch and the Office of Governor has correctly indicated that, "This office will not interfere with MDOC internal policy until such an order has been sought." |
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| Additional Case Information: |
Judge(s) Concurring: Concurring to Reset Execution Date: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens, Pierce and Chandler, JJ. Non Participating Judge(s): Dickinson, J., did not participate in the dismissal of petitioner's Motion for Access. Dissenting Author : Graves, P.J., and Kitchens, J., object to the dismissal of petitioner's Motion for Access. Nature of the Case: Motion to Reset Execution Date; CRIMINAL - DEATH PENALTY; Motion to Stay Execution |
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| Trial Court: |
Date of Trial Judgment: 09-06-1996 Appealed from: Lee County Circuit Court Judge: Frank Russell Case Number: CR95477 |
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| Note: | Graves, P.J., and Kitchens, J., object and would find that the Motion for Access to expert psychologist should be granted inasmuch as the Mississippi Department of Corrections does not permit an expert to gain access to a death row inmate without a court order. Further, an order from this Court granting the access requested would not infringe upon the power of the Executive Branch to grant or deny a pardon or commute a sentence. We note that the defendant herein has already requested relief from the Executive Branch and the Office of Governor has correctly indicated that, "This office will not interfere with MDOC internal policy until such an order has been sought." | |
| Party Name: | Attorney Name: | |||
| Appellant: | Joseph Daniel Burns a/k/a "JoJo" Burns |
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| Appellee: | State of Mississippi |
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