149 So. 3d 556
Miss. Ct. App.2014Background
- Rankin County Circuit Court convicted White of aggravated assault and simple assault, habitual offender, with 20-year and 5-year sentences, consecutive, no parole.
- Jury instruction S-1A was given; White objected to it and proposed D-8 as an alternative.
- D-8 would place simple assault as a lesser-included offense after failing to prove aggravated assault.
- Court refused D-8; gave S-1A, claiming it properly instructed on both offenses and did not confuse the jury.
- White challenged the instruction on appeal, arguing it inverted the State’s burden and that plain error occurred; court rejected the argument and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether S-1A constitutes plain error | White | State | No plain error; instruction proper and acquit-first language ok. |
Key Cases Cited
- Fulgham v. State, 46 So. 3d 315 (Miss. 2010) (acquit-first instruction not prohibited)
- Jones v. State, 142 So. 3d 420 (Miss. Ct. App. 2013) (acquit-first instruction does not shift burden)
- Conners v. State, 92 So. 3d 676 (Miss. 2012) (plain-error standard requires manifest miscarriage)
- Williams v. State, 111 So. 3d 620 (Miss. 2013) (abuse of discretion review of jury instructions)
- Boyd v. State, 47 So. 3d 121 (Miss. 2010) (procedural bar to appellate argument)