Franklin v. State
136 So. 3d 1021
| Miss. | 2014Background
- Franklin was convicted in Hinds County Circuit Court of kidnapping and aggravated assault with a deadly weapon; a mistrial occurred on forcible rape and a not-guilty verdict on sexual battery.
- The State’s key witness, Nolan, testified to being assaulted with fists and a bottle and to rape allegations.
- Nolan suffered multiple injuries; blood spatter and DNA evidence connected Nolan's blood to a bottle found at Franklin's home.
- The trial court refused a simple-assault instruction, centering the State’s case on the bottle as a deadly weapon.
- Nolan's injuries and theDNA evidence supported a theory that any assault could be via fist or bottle, which is central to the later holdings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether simple assault should have been a lesser included offense | Franklin; there was evidence of fists and bottle; a simple-assault option was warranted | State; only the bottle as deadly weapon was evidence | Reversed in part; remanded for new trial on aggravated assault |
| Whether admission of statements by Randolph White to police was proper | Franklin; hearsay statements should be excluded | State; statements were not offered for truth but to explain police action | Admissible; not reversible error; statements not prejudicial under 403 balancing |
| Whether inflammatory closing arguments violated fair trial | Prosecutor’s statements appealed to passion and prejudice | Arguments were based on evidence and inferences from the record | Not reversible error; substantial evidence supported conviction; no fair-trial violation |
| Whether Franklin received a speedy trial under constitutional and statutory standards | Delay prejudiced defense and violated Barker v. Wingo and Miss. statutes | Delay due to good causes; no intentional delay; no prejudice shown | Constitutional speedy-trial claim rejected; statutory claim rejected; no reversible error |
Key Cases Cited
- Moody v. State, 841 So.2d 1067 (Miss. 2003) (set standard for lesser-included-offense instructions)
- Lee v. State, 469 So.2d 1225 (Miss. 1985) (evidence basis required for lesser-included-offense)
- Duckworth v. State, 477 So.2d 935 (Miss. 1985) (jury determines whether instrument is a deadly weapon)
- JAX v. State, — (—) (not used)
- Harris v. State, 537 So.2d 1325 (Miss. 1989) (prosecutor should avoid inflammatory vilification)
- Bridgeforth v. State, 498 So.2d 796 (Miss. 1986) (discipline for inflammatory remarks by prosecutor)
- Clemons v. State, 732 So.2d 883 (Miss. 1999) (harmless error analysis for improper evidentiary statements)
- Gayten v. State, 595 So.2d 409 (Miss. 1992) (informant/testimony to show course of investigation nonhearsay)
- Dancer v. State, 721 So.2d 583 (Miss. 1998) (prosecutorial remarks not always reversible under prejudice standard)
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (balancing factors for speedy-trial claim)
- McBride v. State, 61 So.3d 138 (Miss. 2011) (predecessor standard for statutory speedy-trial deadline)