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