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Lampley v. State

291 So. 2d 707 (Miss. 1974)
Lampley v. State

6 Citing cases

  1. King v. State

    421 So. 2d 1009 (Miss. 1982)   Cited 146 times
    In King, the defendant complained that the trial court erred when it refused to allow the defendant to amend a jury instruction.

    (43 Miss. at 370) (emphasis added.) In Lampley v. State, 291 So.2d 707 (Miss. 1974), two jurors were inadvertently separated from the others for about fifteen or twenty minutes. We held that the separation did not vitiate the verdict of the jury.

  2. Wells v. State

    202 So. 3d 1230 (Miss. 2016)   Cited 2 times

    In that case, this Court had affirmed Lampley's rape conviction and life sentence on March 4, 1974, and had denied his motion for rehearing on April 8, 1974. Lampley v. State , 308 So.2d 87, 88 (Miss. 1975) (citing Lampley v. State , 291 So.2d 707 (Miss. 1974) ). The legislature revised the applicable sentencing statute, which previously had dictated a mandatory life sentence, to require that the jury fix the penalty at life imprisonment, “and in cases where the jury fails to fix the penalty at life imprisonment the court shall fix the penalty at imprisonment in the state penitentiary for any term as the court, in its discretion, may determine.”

  3. King v. State

    580 So. 2d 1182 (Miss. 1991)   Cited 57 times
    Distinguishing sequestration violations in non-capital cases

    Id. (citing United States v. Perez, 22 U.S. (9 Wheat.) 579, 6 L.Ed. 165 (1824)); see also Lampley v. State, 291 So.2d 707 (Miss. 1974) (case in which this Court held that separation of jurors did "not vitiate the verdict" of guilty); White v. State, 566 So.2d 1256, 1260-61 (Miss. 1990) (In this case involving juror misconduct, this Court held: "Applying our standard of review to the findings of fact made by the court, we are of the opinion that the lower court did not err in overruling the motion for a new trial.") (citing Carter v. State, 493 So.2d 327 (Miss.

  4. Carter v. State

    493 So. 2d 327 (Miss. 1986)   Cited 22 times

    The reasoning of Woods is not pertinent to the case sub judice, where there was an inadvertent separation of the jury for a brief time. See Lampley v. State, 291 So.2d 707 (Miss. 1974). In the trial of cases during modern times, inadvertent or brief separations can hardly be prevented, regardless of accomodations and the number of bailiffs.

  5. Schwarzauer v. State

    339 So. 2d 980 (Miss. 1976)   Cited 26 times

    " Lampley v. State, 291 So.2d 707 (Miss. 1974), is cited as authority for the defendant's double jeopardy argument. There we did not hold that dispersal of trial jurors was proper — we simply held that a brief separation of two jurors from the others "should not vitiate the verdict".

  6. Lampley v. State

    308 So. 2d 87 (Miss. 1975)   Cited 12 times
    Holding that defendant was not entitled to be resentenced under amended penalty statute where the defendant's conviction had become final before the effective date of the amended statute

    The appellant appealed to the Mississippi Supreme Court. The conviction was affirmed on March 4, 1974, and a petition for rehearing was denied on April 8, 1974. Lampley v. State, 291 So.2d 707 (Miss. 1974). On March 29, 1974, the 1974 session of the Mississippi Legislature passed Senate Bill No. 2341, which became Ch. 576, [1974] Miss.Gen.Laws [10 Adv.Sheet 39]. This chapter was subsequently approved by the Governor on April 23, 1974.