Scribd Logo
Upload

Welcome to Scribd!

  • 16K views

    Filed: in The Supreme Court of Mississippi No. 2017-DR-00206-SCT

    Uploaded by

    ThereseApel
    Brown's conviction in a 1993 triple homicide has been turned over and the case has been sent back to DeSoto County for retrial.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Filed: in The Supreme Court of Mississippi No. 2017-DR-00206-SCT

    Uploaded by

    ThereseApel
    16K views2 pages
    Brown's conviction in a 1993 triple homicide has been turned over and the case has been sent back to DeSoto County for retrial.

    Original Title

    Sherwood Brown

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Brown's conviction in a 1993 triple homicide has been turned over and the case has been sent back to DeSoto County for retrial.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    16K views2 pages

    Filed: in The Supreme Court of Mississippi No. 2017-DR-00206-SCT

    Uploaded by

    ThereseApel
    Brown's conviction in a 1993 triple homicide has been turned over and the case has been sent back to DeSoto County for retrial.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    FILED

    Serial: 215276 OCT 26 2017


    IN THE SUPREME COURT OF MISSISSIPPI
    OFF!CE OF THE CLERK
    SUPREME COURT
    No. 2017-DR-00206-SCT COURT OF APPEALS

    SHERWOOD BROWN Appellant

    v.

    STATE OF MISSISSIPPI Appellee

    EN BANC ORDER

    Now before the Court, en bane, is the Motion Pursuant to 99-39-7 of the Mississippi

    Uniform Post-Conviction Collateral Relief Act to Vacate His Convictions Based on

    Exculpatory DNA Testing Results and False Forensic Testimony filed by Sherwood Brown.

    A Response in Opposition was filed by the State of Mississippi, to which Brown filed a

    Rebuttal.

    On December 6, 2012, the Court entered a unanimous En Banc Order which granted

    Brown "leave to file his motion for DNA testing of biological evidence in the" Circuit Court

    of DeSoto County. Upon completion of the DNA testing and submission of the associated

    reports, Brown now requests that the Court vacate his convictions and sentences in Sherwood

    Brown v. State of Nfississippi, No. 95-DP-00407-SCT, and grant him a new trial.

    Having considered all pertinent materials, including the Motion and attached exhibits,

    the State's Response, Brown's Rebuttal, and the record filed and opinion issued in Brown's

    direct appeal, 1 the Court finds the Motion is well-taken and should be granted. The State fails

    to demonstrate any issues of fact that would render a hearing necessary. Brown's convictions

    1See Brown v. State, 690 So. 2d 276 (Miss. 1996).


    and sentences in Sherwood Brown v. State of Mississippi, No. 95-DP-00407-SCT, should be

    reversed and the case remanded to the Circuit Court of DeSoto County for a new trial.

    The relief afforded herein is extraordinary and extremely rare in the context of a petition

    for leave to pursue post-conviction collateral relief, and we limit the relief we today grant to

    the facts of the above-styled case.

    IT IS THEREFORE ORDERED that the Motion Pursuant to 99-39-7 of the

    Mississippi Uniform Post-Conviction Collateral Relief Act to Vacate His Convictions Based

    on Exculpatory DNA Testing Results and False Forensic Testimony filed by Sherwood Brown

    is hereby granted.

    IT IS FURTHER ORDERED that the convictions and sentences in Sherwood Brown

    v. State ofMississippi, No. 95-DP-00407-SCT, are hereby reversed, and the case at issue here

    and in the direct appeal styled Sherwood Brown v. State of Mississippi, No. 95-DP-00407-

    SCT, is remanded to the Circuit Court of DeSoto County for a new trial.

    SO ORDERED, this the J'f't::" day of October, 2017.

    H DENNIS COLEMAN, JUSTICE

    TO GRANT MOTION,
    VACATE CONVICTIONS,
    AND REMAND FOR A NEW TRIAL: WALLER, C.J., KITCHENS, P.J., KING,
    COLEMAN AND ISHEE, JJ.

    TO GRANT MOTION AND


    REMAND FOR EVIDENTIARY
    HEARING: RANDOLPH, P.J., MAXWELL AND
    BEAM, JJ.

    NOT PARTICIPATING: CHAMBERLIN, J.

    You might also like