Miss. R. Crim. P. 15.2

As amended through October 31, 2024

Rule 15.2 - Proceedings at Arraignment

(a) Pleas. A defendant may plead not guilty, guilty, or, with leave of the court in misdemeanor cases, nolo contendere.

(b) Failure or Refusal to Plead. If the defendant, on arraignment, refuses or neglects to plead, stands mute, or pleads evasively, the court will enter a plea of not guilty and will set the case for trial.

(c) Absence of Defendant. If the defendant is released on bail or recognizance, and does not appear to be arraigned, or as required by the bond or recognizance, the court may, in addition to forfeiture of bail, direct the clerk to issue a bench warrant to bring the defendant before the court.

Miss. R. Crim. P. 15.2

Adopted eff. 7/1/2017.

Comment

Rule 15.2 is largely based upon former Rules 8.03 and 8.04 of the Uniform Rules of Circuit and County Court. See also Miss. Code Ann. § 99-15-23.

The pleas enumerated in Rule 15.2(a) embrace the use of "best interest" or Alford pleas. See Sims v. State, 134 So. 3d 300, 302 n.3 (quoting North Carolina v. Alford , 400 U.S. 25, 37, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970)) ("under a 'best interest plea,' the accused 'may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime'"). But Alford added that:

[b]ecause of the importance of protecting the innocent and of insuring that guilty pleas are a product of free and intelligent choice, various state and federal court decisions properly caution that pleas coupled with claims of innocence should not be accepted unless there is a factual basis for the plea, . . . and until the judge taking the plea has inquired into and sought to resolve the conflict between the waiver of trial and the claim of innocence.

Alford, 400 U.S. at 38 n.10 (internal citations omitted). Rule 15.3(c) requires that "[b]efore the trial court may accept a plea of guilty, the court must determine that the plea is voluntarily and intelligently made and that there is a factual basis for the plea."

In Mississippi, nolo contendere pleas are unavailable in felony cases. See Welch v. State, 958 So. 2d 1288, 1289 (Miss. Ct. App. 2007); Bush v. State, 922 So. 2d 802, 805 (Miss. Ct. App. 2005); Keyes v. State, 312 So. 2d 7, 10 (Miss. 1975) (citing Bruno v. Cook, 224 So. 2d 567 (Miss. 1969)) ("the plea of nolo contendere is only available in light or petty misdemeanor cases, not in felony cases"); Miss. Code Ann. § 21-23-7(8). The entry of a nolo contendere plea also requires leave of the court. See Williams v. State, 130 Miss. 827, 94 So. 882, 884 (1923) (quoting 1 Bishop's New Criminal Procedure, § 802 ) (nolo contendere "is pleadable only by leave of court").