Pinkney v. State, 538 So. 2d 329 (Miss. 1988)

Cases | Pinkney v. State, 538 So. 2d 329 (Miss. 1988) | 2018

The defendant was convicted of capital murder and sentenced to death. On appeal, the defendant challenged the prosecutor’s statement, the victim’s mother’s testimony during the guilt phase, and an expert witness’s testimony during sentencing. The court found that the arguments regarding the prosecutor’s statements and the victim’s mother were procedurally barred because no objection was made to the testimony. However, further determined that the prosecutor’s comments did not require reversal and the testimony of the victim’s mother was properly admitted.  The  court concluded by determining that the allowance of the expert testimony was legitimate because it was not as egregious as that contained in a prior overruled case.

questioned on other grounds by Doss v. State, 709 So. 2d 369, 1996 Miss. LEXIS 267 (Miss. 1996)