Rowland v. State
2012 Miss. LEXIS 484
| Miss. | 2012Background
- Three masked men, including Rowland, robbed eight poker players at Leflore County Country Club; two victims (Campbell and Hughes) were killed during the robbery.
- Indictments charged four counts per defendant: two capital-murder counts (killing during armed robbery of named victims) and two armed-robbery counts of those victims, with provisions for ‘and others.’
- Rowland, Keeton, and Ouzts pleaded guilty to all four counts and were sentenced to life for each capital-murder count and 24 years for each armed-robbery count, to run consecutively.
- Rowland filed a post-conviction-relief petition raising a double-jeopardy claim; circuit court dismissed as time-barred by UPCCRA, and Court of Appeals affirmed.
- This Court held Rowland’s double-jeopardy claim was not barred by UPCCRA and remanded for an evidentiary hearing on the claim.
- On remand, the trial court found the indictments included ‘and others’ and concluded that Rowland’s armed-robbery convictions were duplicative of his capital-murder convictions; the appellate court later vacated the armed-robbery convictions and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rowland’s armed-robbery convictions violate double jeopardy | Rowland | State | Yes; vacate armed-robbery convictions to avoid multiple punishments. |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (1932) (two offenses require proof of distinct elements)
- Nelson v. State, 10 So.3d 898 (Miss. 2009) (Blockburger test applied to determine multiple offenses)
- Hodgin v. State, 964 So.2d 492 (Miss. 2007) (indictment must fairly inform defendant of charges and double-jeopardy implications)
- Jordan v. State, 728 So.2d 1088 (Miss. 1998) (vacate conviction where underlying felony served as basis for capital murder)
- Luckett v. State, 582 So.2d 428 (Miss. 1991) (overruled insofar as it limited exceptions for errors affecting fundamental rights)