Brandon Jake Spiers v. State of Mississippi

Summary

The court affirmed Spiers’s convictions for burglary of a dwelling and attempted sexual battery. It held that Spiers waived his challenge to the consent instruction by proposing and acquiescing in the instruction without objecting, and that plain-error review did not warrant relief because the evidence established the burglary elements and showed no prejudice. The court also held that the prosecutor’s closing argument, viewed in context, was permissible and did not constitute prosecutorial misconduct; related ineffective-assistance claims failed for lack of demonstrated prejudice.