Opinion
2020-DP-00440-SCT
11-03-2023
WILLIE CORY GODBOLT Appellant v. STATE OF MISSISSIPPI Appellee
ORDER
Robert P. Chamberlin, Justice
This matter is before the en banc Court on the Motion to Make Oral Arguments filed by the Appellant. After due consideration, the Court finds that the motion is not well taken and should be denied. See In re Smith, 74 A.2d 225, 228 (Me. 1950); Chessman v. People, 205 F.2d 128, 131 (9th Cir. 1953); Chick v. State, 278 S.W.2d 140, 142 (Tex. Crim. App. 1955); In re Walker, 128 Cal.Rptr. 291, 291-92 (Cal.Ct.App. 1976).
IT IS THEREFORE ORDERED that the Motion to Make Oral Arguments filed by the Appellant is denied.
SO ORDERED.
AGREE:
RANDOLPH, C.J., COLEMAN, MAXWELL, BEAM, CHAMBERLIN, ISHEE GRIFFIS, JJ.
DISAGREE:
KITCHENS AND KING, P.JJ.
KING, PRESIDING JUSTICE, OBJECTING TO THE ORDER WITH SEPARATE WRITTEN STATEMENT:
Because I would grant Godbolt's motion, I object to the order denying it. Denying his motion to present his own oral argument is disharmonious with a defendant's right to be heard under article 3, section 26, of the Mississippi Constitution and with the death penalty appellate rights provided by Mississippi Code Section 99-19-105 (Rev. 2020).
KITCHENS, P.J., JOINS THIS SEPARATE WRITTEN STATEMENT.