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50 So. 3d 1027
Miss. Ct. App.
2010
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Background

  • Pinkston was convicted of armed robbery in the Circuit Court of Hinds County and sentenced to 35 years.
  • Prosecution relied on Pinkston’s confession, clothing and cap found at his home, eyewitness testimony, and bank surveillance video.
  • Anonymous tip after a bank video aired led to Pinkston’s identification in a photographic lineup.
  • Pinkston initially invoked the right to counsel, later waived rights and gave a handwritten confession and oral statements.
  • Pinkston moved to suppress the confession; the circuit court denied the motion, finding voluntariness.
  • On appeal, Pinkston challenges the confession, disclosure of photographs/video, and the weight of the evidence.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was the confession involuntary? Pinkston contends the confession was involuntary. State asserts proper waiver and voluntariness. Confession voluntary; suppression denied.
Were the photographs and video admissible given disclosure timing? Discovery was untimely; ambush evidence. No timely continuance requested; admissible. Procedurally barred for lack of continuance; admissible on merits.
Is the verdict against the overwhelming weight of the evidence? Verdict inconsistent with overwhelming evidence. Evidence supported the guilty verdict. No reversal; verdict not against weight of evidence.

Key Cases Cited

  • Cox v. State, 586 So.2d 761 (Miss. 1991) (burden of voluntariness on State at suppression hearing)
  • Jackson v. State, 778 So.2d 786 (Miss. Ct. App. 2001) (credibility of witnesses; trial court findings deferential)
  • Fulks v. State, 18 So.3d 803 (Miss. 2009) (necessity of continuance for undisclosed evidence)
  • Murray v. State, 20 So.3d 739 (Miss. Ct. App. 2009) (failure to request continuance waives discovery violation)
  • Dudley v. State, 719 So.2d 180 (Miss. 1998) (standard for overturning weight of the evidence)
  • Griffin v. State, 607 So.2d 1197 (Miss. 1992) (benefits of favorable inferences in weight review)
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Case Details

Case Name: Pinkston v. State
Court Name: Court of Appeals of Mississippi
Date Published: Dec 14, 2010
Citations: 50 So. 3d 1027; 2010 Miss. App. LEXIS 664; 2010 WL 5093657; No. 2009-KA-01665-COA
Docket Number: No. 2009-KA-01665-COA
Court Abbreviation: Miss. Ct. App.
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    Pinkston v. State, 50 So. 3d 1027