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735 So. 2d 987

Porter v. State

Mississippi Supreme Court

Decided March 18, 1999

Mississippi Supreme Court · decided 1999-03-18

Cited by 1 later decisions — most recently September 2008

1 state decisions

Relies on Johnston v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-03-18

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MILLS, Justice,

¶1SPECIALLY CONCURRING:

¶2¶ 11. I specially concur in the majority opinion. Mississippi Rule of Evidence 608(b) provides for discretionary cross-examination of a witness as to matters affecting truthfulness or untruthfulness. Truth*990ful folks do not receive stolen property, commit robbery, or intentionally trespass. I believe these offenses weigh on one’s character for truthfulness. My analysis is consistent with the five-vote special concurrence of then Chief Justice Hawkins, joined by Justices Pittman, Banks, Roberts, and Smith, in Johnston v. State, 618 So.2d 90, 95 (Miss.1993), which stated that, “A conviction of robbery would ... affect a witness’s credibility for truthfulness.” I would allow matters of receiving stolen property, robbery and intentional trespass to be pursued within the discretion of the trial court.

¶3PITTMAN, P.J., AND SMITH, J., JOIN THIS OPINION.

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