Flowers v. State

Summary

The Supreme Court of Mississippi held that Raphael Flowers's statutory-rape conviction was based on an indictment that failed to charge a crime under the statutory definition in effect when the alleged offense occurred. The court found a due-process and Ex Post Facto Clause violation, reversed the conviction and sentence, and remanded Flowers to the sheriff to await further action by the grand jury.

Holdings

1. The court may notice an unpreserved indictment error under plain-error review when the error affects a fundamental right, and this case warranted exercising that authority.
2. The statutory definition in effect when the alleged offense was committed controls the prosecution.
3. The indictment was fatally defective because it failed to charge a crime under the statutory-rape statute in effect at the time of the alleged offense.

Questions Presented

1. Whether the Supreme Court of Mississippi could review, under the plain-error doctrine, a fatal defect in the statutory-rape indictment that was not raised in the trial court or on appeal.
2. Whether the indictment charged statutory rape under the statutory definition in effect when the alleged offense occurred in April 2006.
3. Whether Flowers's conviction and sentence violated due process and the Ex Post Facto Clauses because they were based on the 2007 amended definition of sexual intercourse.

Disposition

reversed_and_remanded