Booker v. State

147 Citing cases

  1. Booker v. State

    92 KA 877 (Miss. 1997)   Cited 74 times

    John Earl Booker pled guilty to the capital murder of O.M. Martin and was sentenced to death by judgment entered in the Circuit Court of Tate County, Mississippi, which judgment and sentence were affirmed by this Court on direct appeal with rehearing denied in Booker v. State, 449 So.2d 209 (Miss. 1984). His petition for certiorari to the United States Supreme Court was initially denied, Booker v. Mississippi, 469 U.S. 873, 105 S.Ct. 230, 83 L.Ed.2d 159 (1984), but on rehearing that Court granted certiorari, vacated the judgment of this Court and remanded the matter for consideration in the light of Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985).

  2. Jones v. State

    517 So. 2d 1295 (Miss. 1987)   Cited 127 times
    In Jones, police officers found Josie Jones lying dead on her living room floor after having been shot with three.22-caliber bullets.

    1984); Neal v. State, 451 So.2d 743 (Miss. 1984); Booker v. State, 449 So.2d 209 (Miss. 1984); Wilcher v. State, 448 So.2d 927 (Miss. 1984); Caldwell v. State, 443 So.2d 806 (Miss. 1983); Irving v. State, 441 So.2d 846 (Miss.

  3. Wiley v. State

    484 So. 2d 339 (Miss. 1986)   Cited 157 times
    In Wiley v. State, 484 So.2d 339, 353-354, cert. denied, 479 U.S. 906 (1986), the court cited Mhoon but affirmed the jury's finding of the "especially heinous, atrocious or cruel" aggravating factor despite the fact that no limiting instruction was given.

    1984); Neal v. State, 451 So.2d 743 (Miss. 1984); Booker v. State, 449 So.2d 209 (Miss. 1984); Wilcher v. State, 448 So.2d 927 (Miss. 1984); Caldwell v. State, 443 So.2d 806 (Miss. 1983); Irving v. State, 441 So.2d 846 (Miss.

  4. Galloway v. State

    122 So. 3d 614 (Miss. 2013)   Cited 132 times
    Rejecting the familiar "stacking" argument

    The Branch Court reviewed a previous decision in which where a similar argument was denied. Id. (citing Booker v. State, 449 So.2d 209, 218–19 (Miss.1984)). The Branch Court then held that, since the trial court had given the “standard long-form sentencing instruction informing the jury how to consider aggravating and mitigating circumstances,” and that instruction tracked statutory language, the defense's proposed mitigation instruction was appropriately denied.

  5. Galloway v. State

    NO. 2010-DP-01927-SCT (Miss. Jun. 6, 2013)

    The Branch Court reviewed a previous decision in which where a similar argument was denied. Id. (citing Booker v. State, 449 So. 2d 209, 218-19 (Miss. 1984)). The Branch Court then held that, since the trial court had given the "standard long-form sentencing instruction informing the jury how to consider aggravating and mitigating circumstances," and that instruction tracked statutory language, the defense's proposed mitigation instruction was appropriately denied.

  6. Branch v. State

    882 So. 2d 36 (Miss. 2004)   Cited 94 times
    In Branch v. State, 882 So.2d 36, 73 (Miss. 2004), for example, Branch claimed on direct appeal that he was denied due process because he was burdened with proving himself ineligible for the death penalty.

    ¶ 115. In Cole,"[w]e rejected this argument in Booker v. State, 449 So.2d 209, 218-19 (Miss. 1984), vacated on other grounds, 472 U.S. 1023, 105 S.Ct. 3493, 87 L.Ed.2d 626 (1985). We are of the opinion that the sentencing instruction given in the case at bar, which tracked the language of the statute, appropriately channeled the sentencer's discretion.

  7. Wilcher v. State

    697 So. 2d 1123 (Miss. 1997)   Cited 43 times
    Holding that it was permissible for the state to use the underlying felony in a felony-murder case as the aggravator to elevate the felony murder to capital murder

    See Appendix A; Blue v. State, 674 So.2d 1184, 1234-35 (Miss. 1996) (death sentence proportionate where defendant abused drugs and alcohol at an early age, came from dysfunctional family, and had no positive role models at home); Foster v. State, 639 So.2d 1263, 1304 (Miss. 1994) (death sentence proportionate where young defendant was mentally impaired); Lanier v. State, 533 So.2d 473, 492 (Miss. 1988) (death sentence was proportionate where defendant had been institutionalized twice for alcoholism and drug abuse) Neal v. State, 451 So.2d 743, 761 (Miss. 1984) (death sentence affirmed where defendant had been institutionalized at young age, had learning and family difficulties, and was not loved or supervised at home). See also Cabello v. State, 471 So.2d 332, 350 (Miss. 1985) (death sentence was proportionate where defendant strangled and robbed victim); Evans v. State, 422 So.2d 737, 739 (Miss. 1982) (death sentence was proportionate where defendant robbed and shot victim); Booker v. State, 449 So.2d 209, 222 (Miss. 1984) (death penalty was proportionate where defendant shot and robbed victim). Therefore, the death sentence in this case is neither disproportionate nor excessive.

  8. Wilcher v. State

    697 So. 2d 1087 (Miss. 1997)   Cited 127 times
    Approving the use of victim impact testimony during the sentencing phase of trial

    See Appendix A; Blue v. State, 674 So.2d 1184, 1234-35 (Miss. 1996) (death sentence proportionate where defendant abused drugs and alcohol at an early age, came from dysfunctional family, and had no positive role models at home); Foster v. State, 639 So.2d 1263, 1304 (Miss. 1994) (death sentence proportionate where young defendant was mentally impaired); Lanier v. State, 533 So.2d 473, 492 (Miss. 1988) (death sentence was proportionate where defendant had been institutionalized twice for alcoholism and drug abuse) Neal v. State, 451 So.2d 743, 761 (Miss. 1984) (death sentence affirmed where defendant had been institutionalized at young age, had learning and family difficulties, and was not loved or supervised at home). See also Cabello v. State, 471 So.2d 332, 350 (Miss. 1985) (death sentence was proportionate where defendant strangled and robbed victim); Evans v. State, 422 So.2d 737, 739 (Miss. 1982) (death sentence was proportionate where defendant robbed and shot victim); Booker v. State, 449 So.2d 209, 222 (Miss. 1984) (death penalty was proportionate where defendant shot and robbed victim). Therefore, the death sentence in this case is neither disproportionate nor excessive.

  9. Wiley v. State

    691 So. 2d 959 (Miss. 1997)   Cited 88 times

    1985) (death sentence was proportionate where defendant strangled and robbed business owner); Evans v. State, 422 So.2d 737, 739 (Miss. 1982) (death penalty was proportionate where defendant waited 30 minutes for business to be free of customers before robbing and shooting store attendant); Booker v. State, 449 So.2d 209, 222 (Miss. 1984) (death penalty was proportionate where defendant shot and robbed business owner); Conner v. State, 632 So.2d 1239, 1265 (Miss. 1993) (death sentence was proportionate where defendant had intelligence quotient "on the low side of `average'", evidence was contradictory as to whether defendant was schizophrenic amnesiac); Lanier v. State, 533 So.2d 473, 492 (Miss. 1988) (death sentence was proportionate where defendant was mildly mentally retarded, suffered hallucinations, and had been institutionalized twice for alcoholism and drug abuse).

  10. Nathan v. State

    552 So. 2d 99 (Miss. 1990)   Cited 47 times
    Holding that a defendant cannot claim he was unfairly surprised or prejudiced by an indictment amendment if he failed to ask for a continuance when the amendment was offered

    An appeal without a record to support a contention can be a vain and foolish act. Records are made to avoid such things. As Walker, J., said in Booker v. State, 449 So.2d 209 (Miss. 1984), "it is elemental that facts set forth in briefs of counsel are insufficient to support an assignment of record. All facts relied on in the briefs must appear in the record to be considered by this Court.