142 So. 3d 420
Miss. Ct. App.2013Background
- On November 17, 2011, Jones was convicted in Rankin County of capital murder, petit larceny, and motor-vehicle theft, with life, six months, and ten years’ sentences respectively, all to run concurrent, in MDOC custody, no parole or probation eligibility.
- The circuit court denied Jones’s motion for judgment notwithstanding the verdict or for a new trial.
- Jones appeals, challenging suppression of his statements and a jury instruction S-1A that allegedly required him to prove innocence.
- Jones was arrested February 28, 2011; he gave three statements to police after arrest.
- During the first statement, Jones was read Miranda rights, acknowledged understanding, and described involvement with Durr and Warren; investigators discussed differences between murder and accessory.
- The circuit court found the statements voluntarily given, after hearing evidence that officers did not coerce or promise; Jones initiated the third interview seeking to avoid murder charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the denial of suppression proper? | Jones: statements were not voluntary | State: statements voluntary, properly obtained | Statements were voluntary; suppression denied |
| Does S-1A shift the burden to prove innocence? | Jones: instruction improperly shifted burden | State: instruction does not shift burden; valid acquit-first instruction | Instruction not error; no improper burden shift |
Key Cases Cited
- Harden v. State, 59 So.3d 594 (Miss. 2011) (voluntariness burden and prima facie evidence for voluntariness)
- Fulgham v. State, 46 So.3d 315 (Miss. 2010) (acquit-first instruction permitted)
- Banyard v. State, 47 So.3d 676 (Miss. 2010) (acquit-first instruction problematic in some contexts)
- Redmond v. State, 66 So.3d 107 (Miss. 2011) (standard for reviewing suppression rulings)
- Scott v. State, 8 So.3d 855 (Miss. 2008) (standard for reviewing voluntariness and warnings)
- Flowers v. State, 51 So.3d 911 (Miss. 2010) (instruction review—proper application of law as a whole)
- Morgan v. State, 741 So.2d 246 (Miss. 1999) (objection and waiver rules for trial preservation)