85 So. 3d 940
Miss. Ct. App.2012Background
- Love is convicted of capital murder during a Hill robbery; sentences run concurrently, life without parole for capital murder and 20 years for each aggravated assault plus 5 for conspiracy.
- Love files a post-trial JNOV or new-trial motion, which the circuit court denies.
- Love appeals asserting entitlement to a duress jury instruction and ineffective assistance of counsel.
- Facts show four men, including Love, allegedly planned and executed a robbery at the Hill brothers’ shop; shootings ensue and Jessie Hill dies.
- Love testified that he acted under duress, claiming fear for his life if he refused to participate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duress instruction entitlement | Love was entitled to duress instruction | Duress instruction was covered by other guidance to the jury | Meritless; instruction adequately covered duress |
| Ineffective assistance for not requesting duress instruction | Counsel failed to request duress instruction | Duress theory presented via other instructions suffices | Meritless; theory presented and affirmed |
Key Cases Cited
- Banyard v. State, 47 So.3d 676 (Miss.2010) (jury instruction must mirror theory of the case)
- Young v. Guild, 7 So.3d 251 (Miss.2009) (permissible to use evidence to support theory)
- Ellis v. State, 778 So.2d 114 (Miss.2000) (courts consider credibility in jury instructions)
- Moffett v. State, 49 So.3d 1073 (Miss.2010) (appellate review limits on unraised issues)