Bush v. State

Summary

The Mississippi Supreme Court affirmed Kanynne Jamol Bush's capital murder conviction (underlying felony armed robbery) and his life-without-parole sentence. The court held the motion to suppress his statements to Florida officers was properly denied because his free-and-rational-choice theory was raised for the first time on appeal and contradicted his trial position that he never confessed; the evidence was legally sufficient and not against the overwhelming weight; co-conspirator statements admitted under Rule 801(d)(2)(E) did not violate the Sixth Amendment because Crawford left statements made in furtherance of a conspiracy non-testimonial; Bush's prior convictions were properly admitted for impeachment after he opened the door; and the prosecutor's closing-argument comments were within counsel's latitude. Diaz, J., did not participate.