Parker v. State
2013 Miss. LEXIS 321
| Miss. | 2013Background
- Fifteen-year-old Parker was convicted of murder in Copiah County Circuit Court and sentenced to life in MDOC custody.
- Doris Shelton died in 2010; James Shelton gained custody of Parker after Doris’s death.
- Parker gave multiple statements about the shooting with several versions; investigators treated him as a witness, not a suspect initially.
- Police introduced crime-scene photographs over Parker’s objection; the court admitted S-9 to S-14.
- Jury convicted Parker after trial; Parker was 16 at sentencing and received a natural-life term under Miss. Code § 97-3-21.
- The Mississippi Supreme Court vacated the sentence under Miller v. Alabama and remanded for Miller-factor considerations; the conviction was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the photos were admissible | Parker; photos were prejudicial and cumulative | State; photos had probative value describing the scene and aiding testimony | No abuse of discretion; photos admissible |
| Whether the conviction was against the weight of the evidence | Evidence showed heat-of-passion rather than malice | Jury resolved conflicts; evidence supported malice | Conviction not against weight of the evidence |
| Whether Miller applies to Parker’s sentence | Miller requires individualized sentencing and possible parole consideration | Parole statutes can be applied with Miller considerations | Remand for Miller-factor sentencing; vacate and resentence consistent with Miller |
Key Cases Cited
- Dampier v. State, 973 So.2d 221 (Miss. 2008) (admissibility of gruesome photos; probative value balanced)
- Chamberlin v. State, 989 So.2d 320 (Miss. 2008) (gruesome photos may be admissible if probative and clarifying)
- McFee v. State, 511 So.2d 130 (Miss. 1987) (gruesome photographic evidence limited by purpose and probative value)
- Barfield v. State, 22 So.3d 1175 (Miss. 2009) (photographs aiding description of circumstances may be admitted)
- King v. State, 83 So.3d 376 (Miss. 2012) (probative value and descriptive utility of photos; admissibility standard)
- Miller v. Alabama, 132 S. Ct. 2455 (S. Ct. 2012) (mandatory life without parole for juveniles unconstitutional; requires Miller factors)
- Fernando Martinez Parker v. State, 30 So.3d 1222 (Miss. 2010) (parole/sentencing under Miller; distinction from capital murder; sentencing authority remains with court)
- Bear Cloud v. Wyoming, 294 P.3d 36 (Wyoming 2013) (parole eligibility under Miller; guidepost for state schemes)