Booker v. State

9 Citing cases

  1. Magee v. State

    966 So. 2d 173 (Miss. Ct. App. 2007)   Cited 5 times

    " Pursuant to Mississippi Rule of Evidence 404(a)(1), the accused may offer evidence of his own pertinent character trait. If the accused opens the door by presenting evidence of his character as a good and law-abiding citizen, then the prosecution is entitled to "rebut the same." M.R.E. 404(a)(1); Booker v. State, 745 So.2d 850, 853 (¶ 8) (Miss.Ct.App. 1999). A prior conviction is a specific act of conduct that is admissible to rebut the accused's evidence that he is a peaceable, law-abiding citizen.

  2. CHANDLER v. EPPS

    NO. 1:08-CV-093-SA-JAD (N.D. Miss. May. 13, 2010)

    The Mississippi Supreme Court has found that a criminal defendant is entitled to an instruction that informs the jury the defendant has a right to carry a concealed weapon under the circumstances set forth in Mississippi Code Section 97-37-9, which includes the occasion where a defendant has been threatened and has "good sufficient reason to apprehend a serious attack from an enemy." Booker v. State, 745 So. 2d 850, 855 (Miss. Ct. App. 1998) (citations omitted). However, the right to have the jury so instructed is neither unlimited nor available in every case where such circumstances as those set forth in the statute actually exist.

  3. Byrom v. State

    863 So. 2d 836 (Miss. 2004)   Cited 239 times
    Holding that unsupported allegations on appeal are procedurally barred

    1992). See alsoBooker v. State, 745 So.2d 850, 852-53 (Miss.Ct.App. 1998). Yet, this is exactly what Byrom's defense attorney attempted to do — ambush the State. Byrom's attorney admitted that these two letters were intentionally withheld from the prosecution during the discovery process because of defense counsel's intention to "impeach the daylights" out of Junior because "[t]hat's my job."

  4. Pickett v. State

    143 So. 3d 596 (Miss. Ct. App. 2014)   Cited 4 times
    In Pickett, a sexual-battery case, a licensed clinical social workerdiagnosed the defendant's stepdaughter with PTSD after the defendant sexually abused her. Pickett, 143 So.3d at 599.

    We do not reverse where the trial court reaches the right result even when we conclude that this result was reached for the wrong reason. Booker v. State, 745 So.2d 850, 856 [ (¶ 18) ] (Miss.Ct.App.1998) (citing Carter v. State, 167 Miss. 331, 342, 145 So. 739, 741 (1933)). ¶ 15.

  5. Pickett v. State

    NO. 2012-KA-00939-COA (Miss. Ct. App. Nov. 12, 2013)

    We do not reverse where the trial court reaches the right result even when we conclude that this result was reached for the wrong reason. Booker v. State, 745 So. 2d 850, 856 [(¶18)] (Miss. Ct. App. 1998) (citing Carter v. State, 167 Miss. 331, 342, 145 So. 739, 741 (1933)). ¶15.

  6. Moore v. Mississippi Dept. of Corr

    936 So. 2d 941 (Miss. Ct. App. 2006)   Cited 5 times
    In Moore, insufficiency of process or insufficiency of service of process were not reasons for the circuit court's dismissal for lack of jurisdiction.

    As argued by the State, if the judgment of the circuit court can be sustained for any reason, it must be affirmed even though the trial court judge based the decision on the wrong legal reason. Patel v. Telerent, 574 So.2d 3, 6 (Miss. 1990); Stanley, 846 So.2d at 282 (¶ 12); Booker v. State, 745 So.2d 850 (¶ 18) (Miss.Ct.App. 1998). Even if the issues involved do not fall under the post-conviction relief statutes, there were ample reasons for the court to deny relief.

  7. Booker v. Bailey

    839 So. 2d 611 (Miss. Ct. App. 2003)   Cited 5 times

    In the direct appeal of the conviction, this Court affirmed. Booker v. State, 745 So.2d 850 (Miss.Ct.App. 1999). In May 2001, Booker filed a grievance with the Office of Legal Claims at the state prison, claiming his prison classification sheet did not contain a parole or other release date and requested correction of this error.

  8. Towner v. State

    2001 KA 1164 (Miss. Ct. App. 2003)   Cited 29 times
    In Towner, Defendant Willie Towner was convicted of selling cocaine and was sentenced to thirty years in the custody of the MDOC.

    We do not reverse where the trial court reaches the right result even when we conclude that this result was reached for the wrong reason. Booker v. State, 745 So.2d 850, 856 (¶ 18)(Miss.Ct.App. 1998), citing Carter v. State, 167 Miss. 331, 342, 145 So. 739, 741 (1933). ¶ 10.

  9. Stanley v. Turner

    846 So. 2d 279 (Miss. Ct. App. 2003)   Cited 13 times

    ¶ 12. It is well-established that this Court will affirm the action of the trial court when the right result is reached, even if for an incorrect reason. Carter v. State, 167 Miss. 331, 342, 145 So. 739, 741 (1933); Booker v. State, 745 So.2d 850 (¶ 18) (Miss.Ct.App. 1998). Assuming, for the sake of argument only, that the trial court had some sort of duty to affirmatively inquire as to Stanley's compliance with the Administrative Remedy Program before dismissing his petition in this case, it is evident that an alternative, but equally valid, reason to dismiss on jurisdictional grounds would have been established by Stanley's own uncontradicted evidence.