Jones v. State

MAXWELL, J.,

specially concurring:

¶ 23. I agree with the majority that the omission of an element from a jury instruction is subject to harmless-error review and that Jones’s conviction should be affirmed. I write separately to further explain why the Mississippi Supreme Court’s recent decision in Bolton v. State, 113 So.3d 542 (Miss.2013), despite its broad language about plain error, is apparently limited to its unique circumstances — a burglary conviction in which the jury was not instructed that it must find the defendant intended to commit a specified crime — a circumstance not present…