Fleming v. Mississippi
Annotate this CaseDefendant Markeith Fleming was convicted of murder and aggravated assault. He claimed he was in another county at his girlfriend's house at the time the shooting occurred. Approximately two weeks before trial, the State disclosed its intent to have an AT&T engineer testify about Fleming’s whereabouts, using Fleming’s cell-phone records. Fleming requested a continuance to obtain his own expert on the subject, but the circuit judge denied that motion, finding that the engineer would testify only about information that was contained in the records and that had been disclosed to defense counsel much earlier. Because the engineer (without being tendered or accepted as an expert) was allowed to provide expert testimony beyond the information contained in the records, the Supreme Court reversed and remanded.
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