Scott v. State
| Docket Number: | 2005-KA-00745-COA Linked Case(s): 2005-KA-00745-COA ; 2005-CT-00745-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-05-2006 Opinion Author: Southwick, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder & Possession of firearm by felon - Request for counsel - Admission of confession Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-29-2004 Appealed from: Pontotoc County Circuit Court Judge: Paul S. Funderburk Disposition: CONVICTED OF COUNTS I AND II MURDER AND SENTENCED TO LIFE; COUNT III POSSESSION OF A FIREARM BY A CONVICTED FELON AND SENTENCED TO THREE YEARS ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AS A HABITUAL OFFENDER WITH SENTENCES TO RUN CONSECUTIVELY District Attorney: JOHN R. YOUNG Case Number: CR03-257 |
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| Party Name: | Attorney Name: | |||
| Appellant: | John Thomas Scot |
JAMES P. JOHNSTONE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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 & Possession of firearm by felon - Request for counsel - Admission of confession |
| Summary of the Facts: | John Scott was convicted of two murders and of possession of a firearm by a felon. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Request for counsel Scott argues that he requested counsel prior to being questioned and the request was ignored. A request for counsel is not triggered unless made during an interrogation. All of the versions of the Scott’s request are clear that the request was made during the time of or immediately before arrest. There is nothing in the record to indicate that Scott made the request for counsel during an interrogation. The circumstances here, with Scott in the woods just after being caught by the sheriff, make the statement more of an indication that Scott understood that he was in considerable trouble but not to be an actual request for counsel. Issue 2: Admission of confession Scott argues that his confession was not made voluntarily and all evidence obtained by the confession should have been excluded. He argues that he had been abusing drugs and had not slept for a number of days prior to talking to officers. All law enforcement personnel who testified stated that Scott did not appear to be under the influence of drugs. There was no corroboration of Scott’s assertions to the contrary. In addition, Scott’s actions on the day of the murders also indicated a mind capable of perceiving the world around him and taking control of his own actions. The only evidence that the confession was the result of any kind of duress was given by Scott himself. The only individuals present other than Scott when this alleged intimidation occurred testified and did not support the claim. Based on the evidence presented, the trial court was justified in rejecting Scott’s arguments that his admissions regarding the shootings were coerced. |
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