Decker v. State
2011 Miss. LEXIS 379
| Miss. | 2011Background
- Vanessa Decker was indicted under the Mississippi Vulnerable Adults Act for using her mother Morris's money without consent.
- Trial evidence showed Decker had Morris's consent to use the money, yet the State requested a jury instruction allowing conviction regardless of consent.
- Decker was convicted on Count IV for writing checks totaling $4,120 during a period Morris lived with Decker's sister while Decker cared for her son in Texas.
- The State dismissed the first count and the jury found Decker not guilty on two counts but guilty on the fourth; restitution and fines were ordered.
- On appeal, Decker challenged the indictment–instruction discrepancy and the statute's constitutionality, with the Court of Appeals affirming prior findings.
- The Mississippi Supreme Court granted certiorari to review, focusing on the materiality of the indictment-instruction discrepancy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the jury instruction expand the charge beyond the indictment? | Decker: consent-limited conduct defined the crime; instruction improperly broadened it. | State: statute reaches exploitation with or without consent; indictment provided notice. | Instruction materially conflicted with the indictment; reversal warranted. |
| Is the statute unconstitutional for vagueness? | Decker: vague terms permit overbreadth and chilling of consent-based uses. | State: ordinary definitions and statutory context clarify meaning. | Court declines to decide on vagueness; disposes case on the indictment–instruction mismatch. |
Key Cases Cited
- Wolfe v. State, 743 So.2d 380 (Miss. 1999) (indictment cannot be amended by jury instructions absent grand jury consent)
- Williams v. State, 445 So.2d 798 (Miss. 1984) (jury instructions may not materially vary from an indictment)
- Burrows v. State, 961 So.2d 701 (Miss. 2007) (constitutional notice requirements for indictments)
- Quang Thanh Tran v. State, 962 So.2d 1237 (Miss. 2007) (quoting Brumfield on indictment understanding)
- Brumfield v. State, 206 Miss. 506, 40 So.2d 268 (Miss. 1949) (indictment must inform defendant of the crime charged)