Laquon Fluker a/k/a Laquon Akeem Fluker a/k/a Laquan Akeem Fluker v. State of Mississippi

Summary

The Mississippi Supreme Court held that Fluker was entitled to a lesser-included-offense instruction on conspiracy to commit simple assault because evidence viewed favorably to him could support a finding that the conspirators agreed only to cause bodily injury, not to use a deadly weapon or commit aggravated assault. The Court rejected the lower courts' focus on the acts committed rather than the scope of the conspiratorial agreement, while emphasizing that sufficient evidence supported the aggravated-assault conspiracy verdict. The judgments were reversed and the case was remanded for a new trial.