Lambert v. State

777 So. 2d 45 (Miss. 2001) · Supreme Court of Mississippi · January 11, 2001 · No. No. 1999-CA-00395-SCT

Summary

The Supreme Court of Mississippi reviewed the denial of Gary Dean Lambert's motion for post-conviction collateral relief from his murder conviction and life sentence. The court remanded for DNA testing of hair evidence used at trial, citing doubts concerning the reliability of the investigation and the potential value of modern DNA analysis, while reserving the remaining claims.

Holdings

  1. Because the record raised serious doubts about the reliability of the evidence and Lambert's guilt, the court remanded for entry of an order granting DNA analysis of the appropriate evidence.
  2. The court reserved decision on the remaining claims, permitting Lambert to present them to the court or a lower court later depending on the proof obtained through DNA testing.

Questions Presented

  1. Whether the court should remand for DNA testing of hair samples recovered from the victim.
  2. Whether the trial judge erred in ruling that Lambert's evidence did not support a finding of perjury and fraud.
  3. Whether Lambert's indictment was void.
  4. Whether the original trial court had jurisdiction to instruct the jury on the lesser-included offense of simple murder.
  5. Whether Lambert was denied effective assistance of counsel.

Disposition

remanded

Cases Cited (7)

  • Lambert v. State, 462 So. 2d 308 (Miss. 1984)(followed)
  • Lambert v. Mississippi Department of Corrections, 974 F.2d 1334 (5th Cir. 1992) (table)(followed)
  • Lambert v. Mississippi Department of Corrections, 507 U.S. 1020, 113 S. Ct. 1819, 123 L. Ed. 2d 449 (1993)(followed)
  • Rochell v. State, 748 So. 2d 103, 109 (Miss. 1999)(followed)
  • Reynolds v. State, 521 So. 2d 914, 917-918 (Miss. 1988)(followed)
  • Brown v. State, 731 So. 2d 595, 598 (Miss. 1999)(followed)
  • Polk v. State, 612 So. 2d 381, 388 (Miss. 1992)(followed)

Cited In (0)

No citing cases on record yet.

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