Hye v. State
2015 Miss. LEXIS 69
| Miss. | 2015Background
- On Oct. 23, 2008 Michael Porter was shot and killed outside a Conoco station. The shooter was Darwin Wells (15). Terry Hye Jr. (16 at the time) was tried, convicted of capital murder and sentenced to life without parole; the Court of Appeals later vacated the sentence under Miller v. Alabama and affirmed the conviction.
- At trial, witnesses (including co-defendant Alonzo Kelly) placed Hye near the scene but testimony was mixed about whether Hye entered the station or participated in a robbery; Kelly pleaded guilty to accessory after the fact and testified for the State.
- Hye testified he went only to get cigarettes, did not enter the store, saw Wells slip and then saw a gun; he denied involvement and said he initially lied to police about his presence.
- Hye requested an accessory-after-the-fact jury instruction (a lesser non-included offense); the trial court denied it for lack of evidentiary foundation and instead gave principal/aid-and-abet instructions.
- The Mississippi Supreme Court granted certiorari limited to whether the accessory-after-the-fact instruction should have been given and, on review, affirmed Hye’s conviction, held the instruction denial proper, and overruled Griffin v. State to eliminate lesser non-included-offense instructions under Mississippi law.
Issues
| Issue | Plaintiff's Argument (Hye) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether trial court erred by denying accessory-after-the-fact instruction | Evidence (Kelly’s testimony, post‑event "alibi" discussions, Hye’s lies and sheltering Benjamin) supported an accessory-after-the-fact theory | No direct evidence showed Hye concealed/assisted felons with intent to enable escape; only inferences; jury was given adequate aid/abet/principal instructions | Denial affirmed — no evidentiary basis for accessory-after-the-fact instruction |
| Whether Mississippi should permit lesser non-included (lesser-related) offense instructions (Griffin rule) | Griffin preserves defendants’ right to present a defense theory when evidence—even meager—supports a lesser-related offense | Griffin creates asymmetry, undermines prosecutorial charging discretion, and invites unsound compromise verdicts | Overruled Griffin and progeny; Mississippi now limits jury instructions to lesser offenses necessarily included in the charged offense per existing statutory/precedential framework |
| Remedy as to sentence and conviction | N/A (Hye sought fair-trial relief; sentence challenged under Miller) | Court of Appeals vacated sentence under Miller; conviction review continued | Conviction affirmed; life-without-parole sentence vacated (per Miller) and remanded for resentencing |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (mandatory juvenile life-without-parole sentences violate Eighth Amendment)
- Griffin v. State, 533 So. 2d 444 (Miss. 1988) (original Mississippi rule allowing lesser non-included offense instructions)
- Schmuck v. United States, 489 U.S. 705 (U.S. 1989) (adopts strict-elements test for lesser-included instructions under Fed. R. Crim. P. 31(c))
- Hopkins v. Reeves, 524 U.S. 88 (U.S. 1998) (federal Constitution does not require states to create or instruct on lesser-related offenses not recognized as lesser-included offenses)
- Hailey v. State, 537 So. 2d 411 (Miss. 1988) (Mississippi precedent limiting Section 99-19-5 to offenses necessarily included in the charged offense)
- Gangl v. State, 539 So. 2d 132 (Miss. 1989) (discusses accessory-after-the-fact instruction and evidentiary basis for lesser-offense instruction)