finding evidence indicating defendant deliberately committed heinous crime; no evidence defendant suffered from mental aberration, nor acted out of fear
How later courts described this case
- finding evidence indicating defendant deliberately committed heinous crime; no evidence defendant suffered from mental aberration, nor acted out of fear
- can show that the defendant used a method of killing which caused serious mutilation, dismemberment, physical and mental pain before death, or a lingering death, in order to establish that the murder was committed in an especially heinous, atrocious or cruel manner
- judgment vacated and case remanded in light of Clemons v. Mississippi, 494 U.S. 738, 110 S.Ct. 1441, 108 L.Ed.2d 725 (1990)
- vacated on other grounds at 494 U.S. 1075, 110 S.Ct. 1800, 108 L.Ed.2d 931
Written by the judges who cited it.
The opinion
I concur in affirmance of the judgment that Bobby Joe Pinkney stand convicted of the crime of capital murder. For the reasons set forth in my separate opinion dissenting from affirmance of the death sentence in Clemons v. State, 535 So.2d 1354 (Miss. 1988), I would reverse the judgment that Pinkney be sentenced to death and remand to the Circuit Court for a new trial on the matter of sentence only.
HAWKINS, P.J., and ANDERSON and GRIFFIN, JJ., not participating.