Opinion

Pinkney v. State

  • 538 So. 2d 329
  • 1988 WL 139184
Court
Mississippi Supreme Court
Filed
Dec 14, 1988
Status
Published
Author
Robertson
On the bench
Affirmance, Phase, Robertson, Sentence, Sullivan
Cited by
307 cases
Authority
More cited than 15.4%

Vacated on other grounds by Pinkney v. Mississippi, 494 U.S. 1075 (1990)

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.