In Part 2 of this series of posts on the Post-Indictment Phase of a Felony Case in Mississippi, we covered what happens when plea negotiations don't work out and the trial of a case actually starts by telling you about jury selection. Now that the jury is picked and “in the box,” let’s look at the order in which they’ll get the evidence.
Opening Statements: Setting the Stage
Opening statements come next after jury selection. Note that we call them statements, not arguments. Each side just tells the jury what they expect the evidence will show. The prosecution goes first, then the defense can either go immediately after or wait until the start of the defense's case-in-chief later in the trial.
In practice, we almost always give our opening statement right after the State's. We want to get our perspective in front of the jury before the prosecution starts calling witnesses and telling their version of events.
The State's Case-in-Chief: Meeting the Burden of Proof
After opening statements, the prosecution begins presenting their case by calling witnesses. Remember, the burden of proof has changed dramatically since the pre-indictment phase. Before, everything was about probable cause, which is a relatively low standard. Now that we're post-indictment and at trial, the standard is proof beyond a reasonable doubt.
How Witness Testimony Works
When a witness is called to the stand, the party that called them conducts what's called direct examination. These are non-leading questions like "Tell us what happened" or "What did you do next?" The witness tells their story in their own words.
After direct examination, the other side gets to cross-examine the witness. Cross-examination is completely different from direct examination. During cross, the lawyer is essentially testifying and asking the witness to agree with them. It's a confrontational process designed to test the witness's testimony and credibility.
After cross-examination, the party that originally called the witness gets redirect examination. They can ask non-leading questions about things that came up during cross-examination, giving them a chance to rehabilitate their witness if the cross-examination damaged their testimony.
Very rarely, the cross-examining attorney might get what we call "re-cross," but that's unusual.
This pattern – direct, cross, redirect – continues for each witness during the prosecution's case-in-chief.
The Defense Case: Your Turn to Tell the Story (or Not!)
At the end of the prosecution's case, they rest, and the defense makes a motion for directed verdict. This motion argues that the prosecution hasn't presented enough evidence for a reasonable jury to find guilt beyond a reasonable doubt. This motion is almost always denied because the evidence has to be taken in the light most favorable to the prosecution when deciding this motion, but it's part of the standard process.
Then the defense has a choice: they can put on their own case, or they can rest without calling any witnesses at all.
The Defendant's Constitutional Right Not to Testify
If the defense puts on a case, they can call witnesses, present evidence, and yes, they can call the defendant to testify. But here's something crucial: the defendant does not have to testify. This is protected by the Fifth Amendment to the Constitution.
Importantly, the jury cannot hold it against the defendant if they choose not to take the stand. In fact, the jury will be specifically instructed that they cannot consider the defendant's decision not to testify as evidence of guilt.
Rebuttal: The Prosecution's Last Chance
After the defense's case-in-chief (if there is one), the prosecution can present a rebuttal case. They can call rebuttal witnesses to try to prove that what the defense presented was not true. This has to be actual rebuttal, though. They can't just present new evidence they forgot to include in their main case.
After rebuttal, the jury instruction conference will be held, the jury will be instructed, and they will begin their deliberations. That is all going to be covered in Part 4 of this series.
If you or a loved one are facing a felony in Mississippi, do not hesitate to reach out to us here at Eichelberger Law Firm. We’ve successfully handled felonies from arrest through trial and appeal across the entire state for decades, and would be happy to speak with you.