160 So. 3d 188
Miss.2015Background
- Bell was convicted of capital murder in 1993 and sentenced to death.
- After Atkins (2002) held mentally retarded individuals could not be executed, Bell was found mentally retarded.
- Mississippi circuit court resentenced Bell to life without parole under Miss. Code Ann. § 99-19-107 over Bell's objection.
- Abram v. State (1992) held § 99-19-107 applies only to wholesale, not individual, declarations against the death penalty.
- Foster v. State (2007) overruled Abram and held § 99-19-107 provides an alternative sentence for individuals whose death sentence is unconstitutional.
- Majority concludes § 99-19-107 is ambiguous and returns to Abram interpretation; Bell’s death sentence is unconstitutional, so Bell is to be resentenced to life.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 99-19-107 apply when death is unconstitutional for an individual? | Bell argues no application for his individual case. | State argues Foster over Abram makes § 99-19-107 applicable. | § 99-19-107 does not apply to Bell. |
| Should the court follow Abram or Foster for interpreting § 99-19-107? | Bell relies on Abram's interpretation. | State adopts Foster's interpretation. | Abram interpretation prevails; § 99-19-107 not triggered for Bell. |
| Is stare decisis a bar to revisiting Abram in light of Atkins/Roper? | Stare decisis should require continuing Abram. | Court may overrule if warranted by changes in law. | Stare decisis does not prevent returning to Abram's interpretation. |
| What is Bell's new sentence after ruling OUI? | Death sentence unconstitutional; resentencing to life without parole not required by § 99-19-107. | Bell is to be resentenced to life imprisonment. |
Key Cases Cited
- Abram v. State, 606 So.2d 1015 (Miss. 1992) (held § 99-19-107 applies only to wholesale death-penalty declarations)
- Foster v. State, 961 So.2d 670 (Miss. 2007) (overruled Abram; § 99-19-107 applies to individuals whose death sentence is unconstitutional)
- Atkins v. Virginia, 536 U.S. 304 (U.S. 2002) (prohibited execution of mentally retarded individuals)
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (juvenile death penalty prohibited)
- Furman v. Georgia, 408 U.S. 238 (U.S. 1972) (led to reforms in death penalty statutes)