247 So. 3d 364
Miss. Ct. App.2018Background
- Forrest County grand jury indicted Daylon Waldrop for capital murder for killing Robert Williams during an alleged armed robbery on August 1, 2013.
- Jury was instructed on the elements of capital murder but the court did not give any instruction defining the elements of the underlying felony of armed robbery.
- The jury convicted Waldrop of capital murder; he was sentenced to life without parole.
- Waldrop moved for a new trial and for JNOV; both were denied. He appealed, challenging omission of an armed-robbery elements instruction and admission of a 911 recording (the court addressed only the instruction issue).
- Both parties acknowledged the trial court failed to instruct the jury on the elements of armed robbery; the appellate court found this omission dispositive under Mississippi precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to instruct jury on elements of underlying felony (armed robbery) in capital-murder trial requires reversal | Waldrop: omission deprived him of right to jury determination of every element; reversal required under Harrell | State: (implicitly) omission was not preserved at trial and prior precedent allowed harmless-error review | Court: Reversed and remanded — omission is reversible error under Harrell; new trial required |
Key Cases Cited
- Harrell v. State, 134 So. 3d 266 (Miss. 2014) (holding trial courts must instruct jury on every element of charged crimes; omission of underlying-felony elements in capital-murder trial is reversible error)
- Kolberg v. State, 829 So. 2d 29 (Miss. 2002) (prior rule treating omission of underlying-felony elements as subject to harmless-error review)
- Lenoir v. State, 224 So. 3d 85 (Miss. 2017) (listing elements of armed robbery)
- Cowart v. State, 178 So. 3d 651 (Miss. 2015) (articulating armed-robbery elements used by later cases)