955 So.2d 864 (2006) Tyler EDMONDS, Appellant,
v.
STATE of Mississippi, Appellee. No. 2004-KA-02081-COA. Court of Appeals of Mississippi.
April 25, 2006. *867 Jim Waide, Tupelo, Robert B. McDuff, Jackson, Carlton W. Reeves, attorneys for appellant.
Office of the Attorney General by W. Daniel Hinchcliff, attorney For Appellee.
EN BANC.
MODIFIED OPINION ON MOTION FOR REHEARING IRVING, J., for the Court.
ś 1. The motion for rehearing is denied. However, the original opinion is withdrawn and this opinion is substituted.
ś 2. Tyler Wayne Edmonds was convicted in the Circuit Court of Oktibbeha of the murder of Joey Fulgham, his half-sister's husband and sentenced to life in the custody of the Mississippi Department of Corrections. Edmonds was thirteen at the time of the offense.[1]
ś 3. On appeal, he raises the following assignments of error, which we cite verbatim:
I. IN LIGHT OF THE UNUSUAL CIRCUMSTANCES IN THIS CASE, INCLUDING EDMONDS'S AGE, THE REMOVAL OF HIS MOTHER FROM THE ROOM DURING INTERROGATION, THE USE OF HIS HALF-SISTER TO PRESSURE HIM, AND THE OBJECTIVE FACTS INDICATING THAT THE CONFESSION IS FALSE, EDMONDS'S CONFESSION SHOULD BE HELD INVOLUNTARY, UNRELIABLE, AND INADMISSIBLE.
II. EDMONDS SHOULD HAVE BEEN ALLOWED TO PRESENT AN EXPERT TO TESTIFY ABOUT *868 FALSE CONFESSIONS AND THE CONDITIONS UNDER WHICH THEY OCCURRED.
III. NO SHOWING BY THE PROSECUTION OR FINDING BY THE TRIAL COURT WAS MADE TO SUPPORT THE RELIABILITY OF THE PREVIOUSLY UNDISCLOSED OPINION OF THE STATE'S EXPERT PATHOLOGIST THAT TWO PEOPLE SIMULTANEOUSLY PULLED THE TRIGGER THAT CAUSED THE DEATH IN THIS CASE, AND THE OPINION IS SO UNSUPPORTED BY ANY SCIENTIFIC METHODOLOGY AS TO BE INADMISSIBLE UNDER DAUBERT V. MERRELL DOW AND MISSISSIPPI TRANSPORTATION COMMISSION V. MCLEMORE.
IV. THE FAILURE TO DISCLOSE DR. HAYNE'S TWO-SHOOTER ONE-GUN THEORY REQUIRES REVERSAL UNDER THE CIRCUMSTANCES OF THIS CASE.
V. THE TRIAL COURT ERRED IN EXCLUDING THE STATEMENT TO POLICE OF A WITNESS, WHO LATER DIED BEFORE THE TRIAL, THAT WOULD HAVE CORROBORATED THE DEFENDANT'S RECANTATION.
VI. COUNSEL SHOULD NOT HAVE BEEN PROHIBITED FROM FULLY PRESENTING THEIR DEFENSE THAT KRISTI FULGHAM, ACTING WITHOUT EDMONDS, KILLED JOEY FULGHAM, AND PROHIBITED FROM PRESENTING TESTIMONY THAT SHE ASKED HER FATHER FOR A GUN TO KILL HIM AND THAT SHE AND JOEY HAD A VIOLENT AND TUMULTUOUS RELATIONSHIP.
VII. POTENTIAL JURORS WHO WERE QUALIFIED TO SERVE WERE WRONGLY EXCLUDED FOR CAUSE.
VIII. SINCE THE JURORS WERE INFORMED BY THE TRIAL JUDGE THAT EDMONDS COULD NOT GET THE DEATH PENALTY BECAUSE OF HIS AGE, THEY ALSO SHOULD HAVE BEEN INFORMED THAT HE OTHERWISE WOULD BE SENTENCED LIKE AN ADULT AND WOULD RECEIVE AN AUTOMATIC LIFE SENTENCE IF CONVICTED.
IX. THE TRIAL COURT ABUSED ITS DISCRETION IN NOT TRANSFERRING THIS CASE TO YOUTH COURT.
X. THE AUTOMATIC LIFE SENTENCE IMPOSED UPON EDMONDS FOR AN OFFENSE WHEN HE WAS THIRTEEN YEARS OLD IS UNCONSTITUTIONAL IN THAT IT FAILS TO TAKE INTO ACCOUNT THE INDIVIDUAL CIRCUMSTANCES OF THE CASE OR MITIGATING FACTORS.
XI. THE TRIAL COURT ERRED IN REFUSING TO INSTRUCT THE JURY THAT CONFESSIONS BY JUVENILES SHOULD BE CONSIDERED