EN BANC ORDER
W. KITCHENS, JUSTICE
December 15, 2016, by unanimous order of the Court, the
Mississippi Rules of Criminal Procedure were adopted. The
Court's en banc order provided that this new
body of rules take effect July 1, 2017, and adjudicated that
the Mississippi Rules of Criminal Procedure ". . . shall
govern the procedure in all criminal proceedings in the
Circuit, County, Justice and Municipal Courts of this
as said Mississippi Rules of Criminal Procedure have the
effect of altering, duplicating, supplementing and/or
replacing certain of the existing provisions of
Mississippi's Rules of Evidence, the Court finds and
adjudicates that said Rules of Evidence should be, and they
hereby are, amended in accordance with Exhibit A, which by
reference is incorporated in and made a part of this order.
Such amendments shall take effect on July 1, 2017.
Clerk of this Court shall spread this order and the amended
rules attached hereto on the minutes of the Court, and the
Clerk shall provide a certified copy thereof to West
Publishing Company for publication in a forthcoming edition
of the Southern Reporter, Mississippi Cases, which is the
official publication of the decisions of this Court, and in
the next edition of the Mississippi Rules of Court.
RULES OF EVIDENCE Rule 410. Pleas, Plea Discussions, and
Related Statements . . .
language of Rule 410 has been amended as part of the general
restyling of the Evidence Rules to make them more easily
understood and to make style and terminology consistent
throughout the rules. The Rule has been restructured, adding
subdivisions. These changes are intended to be stylistic
only. There is no intent to change any result in any ruling
on evidence admissibility.
existing Mississippi law, a plea of nolo contendere
by a defendant is not admissible against him later in either
a civil case or a criminal case. See Keys v. State,
312 So.2d 7 (Miss. 1975). (A plea of nolo contendere
is only available in misdemeanor cases). Rule 410 is
consistent with Mississippi law by rendering inadmissible
both guilty pleas which are withdrawn and statements made in
a judicial proceeding regarding a plea of guilty which is
withdrawn or a plea of nolo contendere. See
Sanders v. State, 435 So.2d 1177 (Miss. 1983) and
Rule 3.03(6), Uniform Criminal Rules of
Circuit Court Practice MRCrP 15.4.
exceptions to this rule of inadmissibility are limited. The
first exception covers situations in which the defendant
testifies at trial that the prosecutor or police made a
statement expressing doubt as to defendant's guilt. In
such an instance, the state would be able to introduce the
defendant's statement or plea to rebut his testimony.
Committee Note" substituted for "Comment, "
effective June 16, 2016; amended July 1, 2016, to ...