Bynum v. State
| Docket Number: | 2003-CT-02170-SCT Linked Case(s): 2003-CT-02170-SCT ; 2003-KA-02170-COA ; 2003-KA-02170-COA |
|
| Supreme Court: | Opinion Link Opinion Date: 05-18-2006 Opinion Author: Dickinson, J. Holding: The Judgment of the Court of Appeals is Affirmed. Conviction of Robbery and Sentence of Twelve (12) Years in the Custody of the Mississippi Department of Corrections, with Conditions, Payment of a Fine of $5,000, Payment of Restitution in the amount of $390, and other fees and costs, Affirmed. |
|
| Additional Case Information: |
Topic: Robbery - Retroactive application of Crawford v. Washington Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Graves, JJ. Non Participating Judge(s): Diaz and Randolph, JJ. Concurs in Result Only: Easley, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Granted Appealed from Court of Appeals |
|
| Trial Court: |
Date of Trial Judgment: 08-29-2003 Appealed from: Lauderdale County Circuit Court Judge: Larry Eugene Roberts Disposition: Bynum was convicted of robbery in Lauderdale County Circuit Court. District Attorney: Bilbo Mitchell (a.k.a. E.J. Mitchell) Case Number: 055-03 |
|
| Note: | The supreme court granted cert determining that Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004), should be applied retroactively. See original COA opinion at http://www.mssc.state.ms.us/Images/Opinions/CO25624.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | Tommy Christopher Bynum a/k/a Tommy Bynum a/k/a Tommy C. Bynum |
JAMES A. WILLIAMS |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFERY A. KLINGFUSS |
|
|
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: | Robbery - Retroactive application of Crawford v. Washington |
| Summary of the Facts: | Although Tommy Bynum’s conviction of robbery was unanimously affirmed by the Court of Appeals, Bynum v. State, No. 2003-KA-02170-COA, 2005 WL 894796, at *1 (Miss. Ct. App. Apr. 19, 2005), four judges disagreed with the majority over the issue of whether Crawford v. Washington, 541 U.S. 36 (2004), should be applied retroactively. The Supreme Court granted certiorari on this issue. |
| Summary of Opinion Analysis: | In Crawford, the United States Supreme Court held that out-of-court statements by witnesses that are testimonial are barred, under the Confrontation Clause, unless witnesses are unavailable and defendants had prior opportunity to cross-examine, regardless of whether the court deems such statements reliable. In Clark v. State, 891 So. 2d 136, 138-39 (Miss. 2004), the Mississippi Supreme Court did not specifically proclaim that Crawford is to be applied retroactively, but the Court clearly relied on Crawford and applied its holding retroactively. Accordingly, because Bynum lacked the opportunity to cross-examine his codefendant, the trial court erred in allowing the police officer to testify concerning the co-defendant’s statement. However, the erroneous admission of the statement was harmless error, because its impact was so insignificant that it could not have contributed in any meaningful way to the guilty verdict. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
