John Lee Franklin v. State of Mississippi, 170 So. 3d 481

Franklin lived with girlfriend Amanda Ormond in a rented house; relationship soured and he sometimes slept in his car.
In Sept. 2012 the house was set on fire while Amanda and a guest were present; they escaped with Amanda’s child.
Fire investigator ruled the blaze incendiary; Franklin was seen running from behind the house and later arrested.
Franklin gave a signed statement admitting he soaked long johns with gasoline, set them on fire and threw them into the attic; he later told Amanda he set the house on fire.
Franklin was convicted of arson and sentenced to 18 years, a $1,500 fine, and $13,000 restitution (payable in installments); he appealed contesting restitution and the admission of his confession.

Issue	Franklin's Argument	State's Argument	Held
Trial court erred in ordering restitution	Restitution did not comply with Miss. Code § 99-37-3 requirements	Franklin waived any challenge by not objecting at sentencing; court considered resources and ability to pay	Waiver bars review; on merits court found statutory requirements met and restitution proper
Trial court erred in admitting confession (Miranda/voluntariness)	Confession involuntary because Franklin told interrogator he “needed help,” which should have triggered further inquiry or counsel	Rigby read Miranda; Franklin waived voluntarily, never asked for counsel or to stop; “needed help” was ambiguous and not a request for attorney	Waiver and confession admissible; ambiguous request for “help” did not invoke right to counsel under Davis/Holland/Barnes; trial court not clearly erroneous

Davis v. United States, 512 U.S. 452 (1994) (requires a suspect to unambiguously request counsel before Edwards protections apply)
Edwards v. Arizona, 451 U.S. 477 (1981) (once a suspect invokes counsel, interrogation must cease until counsel is present)
Miranda v. Arizona, 384 U.S. 436 (1966) (custodial interrogation warnings and waiver standard)
Holland v. State, 587 So.2d 848 (Miss. 1991) (articulated a three-part test for ambiguous invocations of counsel under state practice)
Downey v. State, 144 So.3d 146 (Miss. 2014) (addressed application of Holland test and state constitutional protection for ambiguous invocations)
Barnes v. State, 30 So.3d 313 (Miss. 2010) (an ambiguous reference to counsel does not invoke Edwards; waiver analysis applies)
Grayson v. State, 806 So.2d 241 (Miss. 2001) (discusses attachment of right to counsel under state law and use of federal precedents)