Miss. R. Crim. P. 15.4

As amended through March 21, 2024

Rule 15.4 - Plea Bargaining

(a) Entering into Plea Agreements.

(1) The prosecuting attorney is encouraged to discuss and agree on pleas which may be entered by the defendant. Any discussions or agreements must be conducted with defendant's attorney or, if defendant is unrepresented, the discussion and agreement may be conducted with the defendant.

(2) The prosecuting attorney and the defendant's attorney, or the defendant acting pro se, may reach an agreement that upon entry of a plea of guilty or, with leave of the court in misdemeanor cases, nolo contendere, to the offense charged or to a lesser or related offense, the prosecuting attorney may do any of the following:

(A) Move for a dismissal of other charges;

(B) Make a recommendation to the trial court for a particular sentence, with the understanding that such recommendation or request will not be binding upon the court; or

(C) Make a recommendation to the trial court for a particular sentence, which the court may accept or reject. If the court accepts the plea agreement, it must inform the defendant the agreed disposition will be included in the judgment. If the court rejects the recommendation, the court must do the following on the record:

(i) inform the parties that the court rejects the plea agreement;

(ii) advise the defendant personally that the court is not required to follow the plea agreement and give the defendant an opportunity to withdraw the plea; and

(iii) advise the defendant personally that if the plea is not withdrawn, the court may dispose of the case less favorably toward the defendant than the plea agreement contemplated.

(3) Defense attorneys shall not conclude any plea bargaining on behalf of the defendant without the defendant's full and complete consent, being certain that the decision to plead is made by defendant. Defense attorneys must advise the defendant of all pertinent matters bearing on the choice of plea, including likely results or alternatives.

(b) Disclosure and Consideration of Plea Agreement. The trial judge shall not participate in any plea discussion. The court may designate a cut-off date for plea discussions and may refuse to consider the recommendation after that date. After a recommended disposition on the plea has been reached, it may be made known to the court, along with the reasons for the recommendation, prior to the acceptance of the plea. The court shall require disclosure of the recommendation in open court, with the terms of the recommendation to be placed in the record.

(c) Withdrawing a Plea.

(1) It is within the discretion of the court to permit or deny a motion for the withdrawal of a guilty plea, except as provided in (a)(2).

(2) In order to be sufficient, a motion to withdraw a guilty plea must show good cause.

(d) Inadmissibility of Withdrawn Guilty Plea. The fact that the defendant may have entered a plea of guilty to the offense charged may not be used against the defendant at trial if the plea has been withdrawn.

Miss. R. Crim. P. 15.4

Adopted eff. 7/1/2017.

Comment

Rule 15.4(a) and (b) are largely derived from former Rule 8.04 (B.) of the Uniform Rules of Circuit and County Court. Under Mississippi law, "a trial court is not bound to accept a defendant's guilty plea or enforce a plea agreement reached between the prosecutor and defendant." Wilson v. State, 21 So. 3d 572, 578 (Miss. 2009) (quoting Wade v. State, 802 So. 2d 1023, 1028 (Miss. 2001)). "Related" offenses under Rule 15.4(a)(2) means those offenses that could be joined in the same indictment under Rule 14.2(a).

Rule 15.4(c) and (d) are taken from former Rule 8.04 (A.)(5.) - (7.) of the Uniform Rules of Circuit and County Court.

Rule 15.4(c) only applies in cases in which a defendant is to plead guilty or, with leave of the court in misdemeanor cases, nolo contendere, pursuant to a plea agreement. The Rule does not apply when a court imposes conditions pursuant to an offered, but unaccepted or nonadjudicated, plea under Mississippi Code Section 99-15-26. See Brown v. State, 533 So. 2d 1118 (Miss. 1988) (trial court not required to allow defendant to withdraw his guilty plea and enter plea of not guilty after he violated court-imposed conditions).

During the course of plea negotiations, a defendant enjoys the right to effective assistance of counsel. See Missouri v. Frye, 132 S. Ct. 1399, 182 L. Ed. 2d 379 (2012) (counsel's performance deemed deficient as defendant entered an open plea of guilty after a more favorable plea offer expired without being communicated by defense counsel); Lafler v. Cooper, 132 S. Ct. 1376, 182 L. Ed. 2d 398 (2012) (defense counsel rendered deficient performance in advising defendant to reject favorable plea offer and go to trial); Burrough v. State, 9 So. 3d 368, 375 (Miss. 2009). In Frye, the United States Supreme Court suggested that:

[t]he prosecution and the trial courts may adopt some measures to help ensure against late, frivolous, or fabricated claims after a later, less advantageous plea offer has been accepted or after a trial leading to conviction with resulting harsh consequences. First, the fact of a formal offer means that its terms and its processing can be documented so that what took place in the negotiation process becomes more clear if some later inquiry turns on the conduct of earlier pretrial negotiations. Second, States may elect to follow rules that all offers must be in writing, again to ensure against later misunderstandings or fabricated charges. Third, formal offers can be made part of the record at any subsequent plea proceeding or before a trial on the merits, all to ensure that a defendant has been fully advised before those further proceedings commence.

Frye, 132 S. Ct. at 1409 (internal citations omitted).