Dycus v. State
| Docket Number: | 1998-DP-01094-SCT Linked Case(s): 1998-DP-01094-SCT ; 1998-DP-01094-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 09-15-2005 Opinion Author: Graves, J. Holding: AFFIRMED IN PART; VACATED AND REMANDED IN PART |
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| Additional Case Information: |
Topic: Death penalty - Offenders under the age of 18 Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. Judge(s) Concurring Separately: Randolph, J., Joined by Smith, C.J., Waller and Cobb, P.JJ., Easley and Carlson, JJ. Non Participating Judge(s): Diaz, J. Concurs in Result Only: Easley, J. Nature of the Case: CRIMINAL - DEATH PENALTY - DIRECT APPEAL |
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| Trial Court: |
Date of Trial Judgment: 06-19-1998 Appealed from: Bolivar County Circuit Court Judge: Kenneth L. Thomas Disposition: A jury convicted Kelvin Dycus of capital murder and sentenced him to death. The jury also convicted Dycus of auto theft for which he was sentenced to five years in the custody of the Mississippi Department of Corrections. District Attorney: LAURENCE Y. MELLON Case Number: 8494 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kelvin Dycus a/k/a Kevin Dycus |
RAYMOND L. WONG, ROBERT McDUFF |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JUDY T. MARTIN, MARVIN L. WHITE |
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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: | Death penalty - Offenders under the age of 18 |
| Summary of the Facts: | Kelvin Dycus was convicted of capital murder and sentenced to death. He was also convicted of auto theft for which he was sentenced to five years. At the time of the murder, Kelvin Dycus was 17 years old. The Supreme Court affirmed both convictions and sentences. The United States Supreme Court subsequently held that the Eighth and Fourteenth Amendments to the United States Constitution forbid the imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed. The United States Supreme Court thereafter vacated the judgment and remanded this case for further consideration in light of its decision. Both sides concur that Dycus must be resentenced to life in prison without parole. |
| Summary of Opinion Analysis: | Roper requires that Dycus’s death sentence be vacated and this case remanded for resentencing. However, Roper does not affect the remainder of the prior opinion and judgment. Accordingly, the convictions of Kelvin Dycus for capital murder and auto theft his sentence for auto theft are reaffirmed. The death sentence is vacated and the case is remanded for resentencing on Count I to life imprisonment without the possibility of parole. |
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