Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
OCTAVIUS MONTEGO RODAS BLACK A/K/A OCTAVIUS MONTEGO BLACK v. STATE OF MISSISSIPPI
Date: 08-02-2023
Case Number: 2022-KA-01101-COA
Judge: Alison McCarty
Court: IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
Plaintiff's Attorney: OFFICE OF THE ATTORNEY GENERAL
BY: BARBARA WAKELAND BYRD
Defendant's Attorney: OFFICE OF STATE PUBLIC DEFENDER
BY: GEORGE T. HOLMES
Jackson, Mississippi criminal defense lawyer represented the Defendant with appealing, claiming he was denied a lesser-included-offense
Because Black was indicted for capital murder and did not have a defense to the underlying charge of robbery, a manslaughter instruction would not have changed the result so it was not error for the trial court to deny it. Additionally, as precedent has long established, the defense was not limited nor restricted in its closing argument. Further, the argument regarding a sua sponte cautionary instruction lacks merit.
AFFIRMED.
About This Case
What was the outcome of OCTAVIUS MONTEGO RODAS BLACK A/K/A OCTAVIUS MONTEGO BLACK...?
The outcome was: Because Black was indicted for capital murder and did not have a defense to the underlying charge of robbery, a manslaughter instruction would not have changed the result so it was not error for the trial court to deny it. Additionally, as precedent has long established, the defense was not limited nor restricted in its closing argument. Further, the argument regarding a sua sponte cautionary instruction lacks merit. AFFIRMED.
Which court heard OCTAVIUS MONTEGO RODAS BLACK A/K/A OCTAVIUS MONTEGO BLACK...?
This case was heard in IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI, MS. The presiding judge was Alison McCarty.
Who were the attorneys in OCTAVIUS MONTEGO RODAS BLACK A/K/A OCTAVIUS MONTEGO BLACK...?
Plaintiff's attorney: OFFICE OF THE ATTORNEY GENERAL BY: BARBARA WAKELAND BYRD. Defendant's attorney: OFFICE OF STATE PUBLIC DEFENDER BY: GEORGE T. HOLMES.
When was OCTAVIUS MONTEGO RODAS BLACK A/K/A OCTAVIUS MONTEGO BLACK... decided?
This case was decided on August 2, 2023.