Ross v. State 601 SO.2D 872 (MISS. 1992)?
i need help on doing a case brief on Ross v. State i don't know the applicable rule of law, reasoning, and concurring/dissenting opinion.
- ArbieLv 67 years agoFavorite Answer
"Ross (defendant) drove to Henley’s house, knocked on her door, and asked her for directions. Ross then pointed a handgun at her and ordered her to take off her clothes as he shoved her on her couch. Henley pleaded with Ross that she had a young daughter and that she would be home very soon. Ross told Henley that he would not do anything to harm a woman with a young daughter as long as Henley walked outside her house and did not call the police. Henley walked outside her house, and Ross fled the scene. Ross was charged with and convicted of attempted rape, and he was sentenced to ten years in prison. Ross appealed his conviction."
If this be your case, I got this off of a web site called Quimbee:
$15/month to get in ($99 for the entire year), and if you have the money for law school, you have the money to buy the library card.
Bing indicates that Quimbee has a copy of the actual appellate brief, which of course would have everything you need.
Update: This was on another site:
Jackson, Mississippi Criminal Defense Lawyer Explains Abandonment as Defense to Attempt Charge
Posted on April 22, 2010 | Leave a comment
If a person is charged with attempt to commit a crime in Mississippi, such as attempted armed robbery, he may have a defense to this charge if he abandoned his attempt before he completed the crime. What this means is that if a person plans to commit a crime and starts taking action to commit the crime, then voluntarily changes his mind and stops, then he cannot be convicted of attempt under Mississippi law.
To use the abandonment defense in a Mississippi criminal case, the defendant’s decision to change his mind and stop his attempt to commit the crime must be completely voluntary. As an example, the Mississippi Supreme Court has held that where the defendant is charged with attempted rape or sexual battery, and stops his attack because of the victim’s verbal pleas, without any physical resistence, then he is not guilty of attempt. Ross v. State, 601 So.2d 872 (Miss. 1992).
On the other hand, if the Defendant stops his attempt to commit a crime because of something the victim or another person did to prevent the crime, then the abandonment is not voluntary and cannot be used as a defense. For example, where the defendant was charged with attempted rape and abandoned his attack because the victim put up a fight and sounded an alarm, he could not use the abandonment defense. Alexander v. State, 520 So.2d 127 (Miss. 1988).