Howell v. Mississippi
Howell was tried for capital murder. In a capital murder case, which involves a murder committed in the course of a felony, it is typical to include a charge for “lesser included” offenses, namely simple murder and manslaughter. During the trial, the prosecution withdrew its planned jury instructions on simple murder, citing a lack of supporting evidence. The trial court denied Howell’s motion to order a jury instruction on the charges of simple murder or manslaughter, and Howell was convicted of capital murder and sentenced to death. The Supreme Court of Mississippi upheld the actions of the trial court and the conviction, stating that the facts on the record contradicted any plausible scenarios in which either of the lesser offenses could have occurred, and that therefore the court acted properly in refusing the instruction.
Questions Presented:
1. Can a state court, consistent with the Eighth and Fourteenth Amendments, refuse to instruct a jury in a death penalty case on at least one lesser included offense that is recognized
in state law and supported by the evidence?
2. Was the petitioner's federal constitutional claim properly raised before the Mississippi Supreme Court for purposes of this court's jurisdiction under 28 U.S.C. ยง 1257?
