Verenzo Cartrell Green v. State of Mississippi
183 So. 3d 28
Miss.2016Background
- In Feb. 2012, Adams County Sheriff’s Department recovered three firearms from Green’s vehicle trunk during an inventory search.
- Green was indicted and convicted by a jury of three counts of being a felon in possession of a firearm and one count of trafficking a firearm.
- Court of Appeals affirmed, but one dissenter sua sponte raised a double jeopardy issue requiring plain-error review.
- Green asserted a double jeopardy violation based on multiple felon-in-possession convictions for simultaneous possession.
- The Mississippi Supreme Court granted certiorari to address whether plain-error review applies and whether the convictions for multiple firearms violate double jeopardy.
- The Court ultimately affirmed the circuit and appellate court judgments, holding plain-error review does not apply to this first-impression issue and that multiple felon-in-possession convictions do not violate double jeopardy under current authorities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether multiple felon-in-possession convictions for simultaneous firearms violate double jeopardy | Green argues double jeopardy prohibits multiple convictions for simultaneous possession | State contends no double jeopardy violation under existing Mississippi law and precedent | No double jeopardy violation; plain-error review not appropriate |
| Whether plain-error review is appropriate for a first-impression double-jeopardy issue | Green asserts plain-error review should apply given a fundamental rights issue | State argues plain-error review should not be used for novel questions | Plain-error review not appropriate for this first-impression issue |
| Whether Mississippi § 97-37-5(1) is ambiguous and should be construed in Green’s favor to avoid multiple convictions | Green argues ambiguity requires lenity and single conviction | State maintains no clear rule favors single conviction absent other evidence | Statute ambiguous but the majority does not adopt lenity; convictions affirmed; plain-error path rejected |
Key Cases Cited
- Conners v. State, 92 So.3d 676 (Miss.2012) (supports multiple counts without plain-error finding in felon-in-possession context)
- Hawthorne v. State, 174 So.3d 306 (Miss.Ct.App.2015) (multiple counts without explicit double-jeopardy finding)
- Gunn v. State, 174 So.3d 848 (Miss.Ct.App.2014) (recounting multiple-offense scenarios in felon-in-possession cases)
- Massey v. State, 144 So.3d 204 (Miss.Ct.App.2014) (discusses multiple weapons concerns in possession context)
- Knight v. State, 983 So.2d 348 (Miss.Ct.App.2008) (noting multiple felon-in-possession charges often arise without double-jeopardy issue)
- Gavin v. State, 785 So.2d 1088 (Miss.Ct.App.2001) (example of multiple felon-in-possession convictions)