Nabors v. State

5 Citing cases

  1. Government of Virgin Islands v. Kirnon

    377 F. Supp. 601 (D.V.I. 1974)   Cited 5 times

    In concluding that the government met its heavy burden of demonstrating that no coercion was utilized, I am not unmindful of the fact that several potentially relevant witnesses who could have been called by the government were not asked to testify. Defendant cites the recent Mississippi case of Nabors v. State, 293 So.2d 336 (Miss. 1974) for the proposition that all officers accused of participating in the brutality must be called. Although as a matter of prosecutorial practice, I think it would be wiser to call all the detectives who may have been involved, I do not think that, where their testimony would be merely cumulative and the defendant's version has already been rendered so unbelievable, the failure to call certain potentially useful witnesses compels the conclusion that the government has failed to meet its heavy burden. In this regard, I note that in the case of Smith v. State, 505 S.W.2d 504 (Ark. 1974), also cited by defendant for the proposition that all material witnesses must be called, a doctor testified that six days after the alleged beating the defendant had a ruptured eardrum which could have been caused by a blow to his head.

  2. West v. State

    463 So. 2d 1048 (Miss. 1985)   Cited 164 times
    Killing occurred while defendant and his accomplice were robbing victim of his vehicle, although the vehicle was not taken until victim was dead

    1982); McLeod v. State, 317 So.2d 389 (Miss. 1975); Nabors v. State, 293 So.2d 336 (Miss. 1974); Stevens v. State, 228 So.2d 888 (Miss. 1969); Scott v. State, 382 So.2d 1091 (Miss. 1980).

  3. Hall v. State

    427 So. 2d 957 (Miss. 1983)   Cited 38 times
    In Hall we identified four factors which ought to be considered by the trial court in determining whether an inculpatory statement has in law been purged of the taint of an illegal arrest.

    1973); Evans v. State, 275 So.2d 83, 85, (Miss. 1973); Nabors v. State, 293 So.2d 336, 338, (Miss. 1974); Butler v. State, 296 So.2d 673, 675, (Miss. 1974); Harrison v. State, 307 So.2d 557, 561, (Miss.

  4. Peden v. State

    425 So. 2d 1356 (Miss. 1983)   Cited 5 times

    1975); Younger v. State, 301 So.2d 300 (Miss. 1974); Nabors v. State, 293 So.2d 336 (Miss. 1974); Evans v. State, 285 So.2d 786 (Miss. 1973); Reid v. State, 266 So.2d 21 (Miss.

  5. Rollins v. State

    300 So. 2d 145 (Miss. 1974)   Cited 4 times
    Recognizing a “presumption of law that a confession obtained by the influence of a threat or a promise, once made, continues to operate unless it is shown that a subsequent confession was not made under the influence of the previous threats or promise”

    The Lee County confession was not offered in evidence and the State did not produce any of the Lee County officers. Nabors v. State, 293 So.2d 336 (Miss. 1974) closely parallels the instant case. In Nabors defendant signed a confession in Arkansas and a second confession in Mississippi.