Rule 19.2 - Bifurcated Trials(a) Death Penalty Cases. In any case in which the State seeks to impose the death penalty, the trial shall be conducted in accordance with Mississippi Code Sections 99-19-101 and 99-19-103, as amended, and applicable court decisions.(b) Cases in Which the Jury May Impose Life Sentence.(1) In all cases not involving the death penalty, in which the jury may impose a life sentence, the court may conduct a bifurcated trial. If the defendant is found guilty of an offense for which life imprisonment may be imposed, a sentencing trial shall be held before the same jury, if possible, or before the court if jury waiver is allowed by the court.(2) At the sentencing hearing: (A) the prosecution may introduce evidence of aggravation of the offense of which the defendant has been adjudged guilty;(B) the defendant may introduce any evidence of extenuation or mitigation;(C) the prosecution may introduce evidence in rebuttal of the evidence of the defendant; and(D) a record shall be made of the above proceeding and shall be maintained in the office of the clerk of the trial court as a part of the record.Comment
Rule 19.2 largely tracks the provisions in former Rules 10.04 (A.) and (B.) of the Uniform Rules of Circuit and County Court. See Taggart v. State, 957 So. 2d 981, 991-95 (Miss. 2007) (discussing procedure in non-death penalty cases).