Griffin rule in Mississippi

2016In Griffin , this Court affirmed the trial court’s denial of Griffin’s motion for a new trial and acknowledged that the appellant, Griffin, failed to “show or allege what input he would have made .had ,he been present that would have changed the outcome of his case.” Griffin, 811 So.2d at 295 (¶ 10).

2016The court found that the Griffin rule would “interfer[e] with the role accorded to the State alone, the responsibility to determine charges.” Id. at 758 (¶26) (citation omitted).

2016The court found that the Griffin rule would “interfer[e] with the role accorded to the State alone, the responsibility to determine charges.” Id. at 758 (¶26) (citation omitted).

2015Furthermore, symmetry in a criminal case never before has concerned this Court, as can be observed in the context of a lesser-included offense instruction: “in a murder case our law allows the prosecution to obtain a manslaughter instruction, almost willynilly, but [ ... ] the defendant is not always so entitled.” Jackson v. State, 551 So.2d 132, 146 (Miss.1989) (citing Reed v. State, 526 So.2d 538, 540 (Miss.1988); Fairchild v. State, 459 So.2d 793, 800-02 (Miss.1984)).

2015Furthermore, symmetry in a criminal case never before has concerned this Court, as can be observed in the context of a lesser-included offense instruction: “in a murder case our law allows the prosecution to obtain a manslaughter instruction, almost willynilly, but [ ... ] the defendant is not always so entitled.” Jackson v. State, 551 So.2d 132, 146 (Miss.1989) (citing Reed v. State, 526 So.2d 538, 540 (Miss.1988); Fairchild v. State, 459 So.2d 793, 800-02 (Miss.1984)).

2015Moreover, the Griffin rule came into being to address the following problem, as articulated by this Court: “[t]he prosecution charges the accused with a serious felony, only to have the defense offer a version of the facts rendering the accused far less culpable and, most important, subject to a far lesser punishment.” Griffin, 533 So.2d at 445 (emphasis added).

2015Moreover, the Griffin rule came into being to address the following problem, as articulated by this Court: “[t]he prosecution charges the accused with a serious felony, only to have the defense offer a version of the facts rendering the accused far less culpable and, most important, subject to a far lesser punishment.” Griffin, 533 So.2d at 445 (emphasis added).

2015The Griffin rule, we are now convinced, has a very real propen sity to lead to “unsound compromise verdicts.” See, e.g., Geiger, 199 Cal.Rptr. 45 , 674 P.2d at 1317 (Richardson, J., dissenting).

2015The Griffin rule, we are now convinced, has a very real propen sity to lead to “unsound compromise verdicts.” See, e.g., Geiger, 199 Cal.Rptr. 45 , 674 P.2d at 1317 (Richardson, J., dissenting).

2015See, e.g., Williams, 53 So.3d at 792 (Roberts, J., dissenting) (pointing out that “[a]f-ter fourteen years’ experience [with the lesser non-included-offense practice], California reversed course [in People v. Birks, 19 Cal.4th 108 , 77 Cal.Rptr.2d 848 , 960 P.2d 1073, 1090 (1998) ] and joined the majority of jurisdictions that do not permit such jury instructions”). ¶ 17.

2015See, e.g., Williams, 53 So.3d at 792 (Roberts, J., dissenting) (pointing out that “[a]f-ter fourteen years’ experience [with the lesser non-included-offense practice], California reversed course [in People v. Birks, 19 Cal.4th 108 , 77 Cal.Rptr.2d 848 , 960 P.2d 1073, 1090 (1998) ] and joined the majority of jurisdictions that do not permit such jury instructions”). ¶ 17.

2015Furthermore, symmetry in a criminal case never before has concerned this Court, as can be observed in the context of a lesser-included offense instruction: “in a murder case our law allows the prosecution to obtain a manslaughter instruction, almost willynilly, but [ ... ] the defendant is not always so entitled.” Jackson v. State, 551 So.2d 132, 146 (Miss.1989) (citing Reed v. State, 526 So.2d 538, 540 (Miss.1988); Fairchild v. State, 459 So.2d 793, 800-02 (Miss.1984)).

2015Furthermore, symmetry in a criminal case never before has concerned this Court, as can be observed in the context of a lesser-included offense instruction: “in a murder case our law allows the prosecution to obtain a manslaughter instruction, almost willynilly, but [ ... ] the defendant is not always so entitled.” Jackson v. State, 551 So.2d 132, 146 (Miss.1989) (citing Reed v. State, 526 So.2d 538, 540 (Miss.1988); Fairchild v. State, 459 So.2d 793, 800-02 (Miss.1984)).

2015See, e.g., Williams, 53 So.3d at 792 (Roberts, J., dissenting) (pointing out that “[a]f-ter fourteen years’ experience [with the lesser non-included-offense practice], California reversed course [in People v. Birks, 19 Cal.4th 108 , 77 Cal.Rptr.2d 848 , 960 P.2d 1073, 1090 (1998) ] and joined the majority of jurisdictions that do not permit such jury instructions”). ¶ 17.

2015See, e.g., Williams, 53 So.3d at 792 (Roberts, J., dissenting) (pointing out that “[a]f-ter fourteen years’ experience [with the lesser non-included-offense practice], California reversed course [in People v. Birks, 19 Cal.4th 108 , 77 Cal.Rptr.2d 848 , 960 P.2d 1073, 1090 (1998) ] and joined the majority of jurisdictions that do not permit such jury instructions”). ¶ 17.

2015Furthermore, symmetry in a criminal case never before has concerned this Court, as can be observed in the context of a lesser-included offense instruction: “in a murder case our law allows the prosecution to obtain a manslaughter instruction, almost willynilly, but [ ... ] the defendant is not always so entitled.” Jackson v. State, 551 So.2d 132, 146 (Miss.1989) (citing Reed v. State, 526 So.2d 538, 540 (Miss.1988); Fairchild v. State, 459 So.2d 793, 800-02 (Miss.1984)).

2015Furthermore, symmetry in a criminal case never before has concerned this Court, as can be observed in the context of a lesser-included offense instruction: “in a murder case our law allows the prosecution to obtain a manslaughter instruction, almost willynilly, but [ ... ] the defendant is not always so entitled.” Jackson v. State, 551 So.2d 132, 146 (Miss.1989) (citing Reed v. State, 526 So.2d 538, 540 (Miss.1988); Fairchild v. State, 459 So.2d 793, 800-02 (Miss.1984)).

2015The majority finds the holding in Griffin and its progeny to be “pernicious.” But, in support of its argument, the majority relies on opinions from the Court of Appeals which have been critical' of the Griffin rule, on the Uniform Criminal Rules Study Committee which advocates for its abandonment, on the laws of states other than Mississippi, and on the United States Supreme Court’s interpretation of Rule 31(c) of the Federal Rules of Criminal Procedure. ¶ 47. ' The majority opens its attack on the well-established Griffin rule with a salvo of opinions from our Court of Appeals, where the rule

2015The majority finds the holding in Griffin and its progeny to be “pernicious.” But, in support of its argument, the majority relies on opinions from the Court of Appeals which have been critical' of the Griffin rule, on the Uniform Criminal Rules Study Committee which advocates for its abandonment, on the laws of states other than Mississippi, and on the United States Supreme Court’s interpretation of Rule 31(c) of the Federal Rules of Criminal Procedure. ¶ 47. ' The majority opens its attack on the well-established Griffin rule with a salvo of opinions from our Court of Appeals, where the rule

2004Finally, although Griffin points to various conflicts in the witnesses's testimony against him, the law is well settled that "[i]t is the role of the jury to evaluate the veracity of witnesses." Montana v. State, 822 So.2d 954, 965 (¶ 51) (Miss.2002) (citing Wetz, 503 So.2d at 812 ).

1989Grantham v. Mississippi Department of Corrections, 522 So.2d 219, 226 (Miss. 1988); Whitten v. Commercial Dispatch Publishing Co., Inc., 487 So.2d 843, 846 (Miss. 1986).

1989Grantham v. Mississippi Department of Corrections, 522 So.2d 219, 226 (Miss. 1988); Whitten v. Commercial Dispatch Publishing Co., Inc., 487 So.2d 843, 846 (Miss. 1986).