124 So. 3d 105
Miss. Ct. App.2013Background
- Edwards was convicted of resisting arrest as a lesser-included offense of the charged simple assault on a law enforcement officer.
- The State requested and the court granted a resisting-arrest instruction over Edwards’s objection.
- The resisting-arrest instruction relied on the notion that resisting arrest is a lesser-included offense of simple assault given the circumstances of the alleged assault.
- Evidence showed Edwards swung at Officer Bruce while being arrested for domestic violence, making the resisted arrest part of the assault scenario.
- The trial court admitted a 911 recording of Gina’s call; Edwards challenged its admission under Rule 404(b) and 403.
- The appellate court affirmed the resisting-arrest conviction and admitted-911-recording rulings, with a later dissent questioning due-process implications of the State’s procedural posture.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is resisting arrest a lesser-included offense of simple assault on a police officer? | Edwards argues it is not; elements-only test should apply. | Edwards contends the regime should treat it as a lesser-non-included offense. | Yes, resisting arrest is a lesser-included offense under the circumstances. |
| Whether the 911 recording was admissible under Rule 404(b) and 403? | Recording was improper under Rule 404(b) as an unrelated prior act. | Recording was admissible to tell the complete story and establish probable cause. | Admissible under 404(b) with proper balancing under 403; no abuse of discretion. |
Key Cases Cited
- Buchanan v. State, 84 So.3d 812 (Miss. Ct. App. 2011) (standard for granting lesser-included-offense instructions; evidentiary support required)
- Barber v. State, 743 So.2d 1054 (Miss. Ct. App. 1999) (discussed lesser-included vs lesser-non-included distinctions; dissenting views observed)
- Jones v. State, 798 So.2d 1241 (Miss. 2001) (plurality recognizing resisting arrest as lesser-included offense; persuasive though not binding)
- Clayborne v. State, 739 So.2d 495 (Miss. Ct. App. 1999) (recognition of resisting arrest as lesser-included offense under certain circumstances)
- Friley v. State, 856 So.2d 654 (Miss. Ct. App. 2003) (elements test not sole determinant; circumstantial/contextual factors may apply)
- Davis v. State, 933 So.2d 304 (Miss. Ct. App. 2005) (resisting arrest lesser-included when assault occurs during arrest)
- Gause v. State, 65 So.3d 295 (Miss. 2011) (state cannot seek lesser-non-included instruction; due-process concerns)
- Williams v. State, 53 So.3d 734 (Miss. 2010) (limits on lesser-nonincluded instructions arising from same operative facts)
- Jenkins v. State, 75 So.3d 49 (Miss. Ct. App. 2011) (explanation for admissibility of other-crimes to tell complete story under 404(b))