BANKS v. STATE

No. 95-KA-00215-SCT.

725 So.2d 711 (1997)

Calvin BANKS v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied September 24, 1998.


Attorney(s) appearing for the Case

David W. Lambert, Tubb, Ross & Lambert, West Point, Richard Burdine, Columbus, for Appellant.

Michael C. Moore, Attorney General, Charles W. Maris, Jr., Sp. Asst. Attorney General, Jackson, for Appellee.

BEFORE SULLIVAN, P.J., PITTMAN AND BANKS, JJ.


BANKS, Justice, FOR THE COURT:

¶ 1. This appeal challenges the validity of a conviction of capital murder and a sentence of life imprisonment. After careful review of the circuit court proceedings, we conclude that the admission of an item of physical evidence that alone tied Banks to the crime, and which neither Banks nor his correlative expert were able to examine, rendered his trial fundamentally unfair. Accordingly, we reverse the conviction and corresponding...

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