Alvin Brown v. State of Mississippi
2017 Miss. LEXIS 169
Miss.2017Background
- In 2009 a shooting at Birdland nightclub left Yatasha Johnson dead and four others wounded; Alvin Brown was charged with depraved-heart murder (and convicted of manslaughter and four counts of aggravated assault).
- Trial testimony conflicted: Brown claimed he did not fire the gun, wrestled with Albert “Westside Al” Coleman who pulled a pistol, and was shot; several eyewitnesses and gunshot-residue testing suggested Brown handled/fired the gun.
- Brown’s defense at trial was that he was not the shooter; he did not assert self-defense.
- The State requested and the trial court gave an imperfect-self-defense instruction (manslaughter as a lesser-included offense); that instruction was the only manslaughter instruction given.
- The Mississippi Court of Appeals reversed only the aggravated-assault convictions for an indictment/instruction variance; this Court granted certiorari to review whether giving the imperfect self-defense instruction was erroneous. The Supreme Court reversed Brown’s manslaughter conviction and remanded for new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an imperfect self-defense (subjective, unreasonable belief) instruction was supported by evidence | State: evidence of a fight and testimony could support an inference that Brown subjectively believed deadly force was necessary | Brown: did not assert self-defense; sole defense was he was not shooter and there was no direct evidence he held a bona fide but unfounded belief of imminent deadly harm | Court: Instruction lacked evidentiary support — no direct proof Brown held the requisite subjective belief; giving it was an abuse of discretion; reverse and remand |
| Whether a lesser-included manslaughter instruction was justified under Harveston standard | State: murder indictment allows manslaughter as lesser-included; jury could consider imperfect self-defense | Brown: no testimony showed he acted under a bona fide but unfounded belief — Harveston not met | Court: Harveston requires an evidentiary basis; here none existed to show the subjective belief needed for imperfect self-defense |
| Whether circumstantial inference suffices to create foundation for imperfect self-defense | State: circumstances (size disparity, chaotic fight, GSR) permit inference of subjective fear | Brown: circumstantial evidence insufficient absent testimony that he subjectively feared death or great bodily harm | Court: prior cases reject allowing mere inference; direct evidence of subjective belief required; inference insufficient |
| Whether any manslaughter instruction could stand given the evidence presented | State: imperfect self-defense was proper lesser; manslaughter instruction was warranted | Brown: manslaughter under imperfect self-defense unsupported; only theory presented was innocence (not shooter) | Court: because imperfect self-defense was the only manslaughter instruction and it was unsupported, manslaughter conviction cannot stand; remand for new trial |
Key Cases Cited
- Quinn v. State, 191 So. 3d 1227 (Miss. 2016) (standard of review for jury instructions)
- Jones v. State, 962 So. 2d 1263 (Miss. 2007) (instructions read as a whole; reversible error only if injustice created)
- Ronk v. State, 172 So. 3d 1112 (Miss. 2015) (imperfect self-defense constitutes manslaughter, not a complete defense)
- Byrd v. State, 158 So. 3d 1146 (Miss. 2015) (discussion of self-defense and imperfect self-defense theory)
- Batiste v. State, 121 So. 3d 808 (Miss. 2013) (lesser-included instruction requires evidentiary basis)
- Cook v. State, 467 So. 2d 203 (Miss. 1985) (distinguishes objective reasonable self-defense from subjective imperfect self-defense)
- Hawkins v. State, 101 So. 3d 638 (Miss. 2012) (definition and inference of malice in depraved-heart murder)
- Anderson v. State, 79 So. 3d 501 (Miss. 2012) (indictment for murder includes manslaughter as lesser-included)
- Harveston v. State, 493 So. 2d 365 (Miss. 1986) (test for when lesser-included instruction should be given)
- Goodnite v. State, 799 So. 2d 64 (Miss. 2001) (standard for granting lesser-included instruction)
- Morgan v. State, 117 So. 3d 619 (Miss. 2013) (reversing allowance of imperfect self-defense where no evidence defendant had bona fide but unfounded belief)
- Young v. State, 99 So. 3d 159 (Miss. 2012) (imperfect self-defense improper where evidence supported objectively reasonable self-defense instead)
- Shaw v. State, 880 So. 2d 296 (Miss. 2004) (manslaughter is a lesser-included offense of murder)