101 So. 3d 1178
Miss. Ct. App.2012Background
- In April 2005 Belinda Boleyn killed her husband, Michael Boleyn, and was convicted of manslaughter with a twenty-year sentence (five suspended, fifteen to serve).
- Belinda and Michael were married in November 2002 after Belinda divorced Joseph Beard; Michael had previously been imprisoned and was alleged to be involved in crimes.
- Belinda claimed fear for her safety due to Michael's alleged violent and controlling conduct, including threats and presence of weapons in the home.
- During the April 9, 2005 incident, Belinda retrieved a revolver, shot Michael after an escalating confrontation, and Michael died.
- Police and witnesses testified; evidence included a lack of bruising on Belinda and Michael having removed a shotgun from the home prior to police arrival.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weathersby rule applicability | Weathersby should apply as only eyewitnesses testified. | Physical evidence contradicts Belinda’s version, making Weathersby inapplicable. | Weathersby inapplicable; jury determines guilt based on evidence. |
| Self-defense instruction and burden of proof | State improperly shifted burden by arguing Belinda failed to prove self-defense. | No improper shift; closing argument properly commented on evidence. | No error; proper jury-based analysis of self-defense evidence. |
| Ineffective assistance of counsel | Various witnesses not called and voir dire questions not asked reveal deficient performance. | Counsel’s strategic choices are not ineffective assistance; record is inadequate to review. | No relief; record insufficient to show ineffective assistance. |
Key Cases Cited
- Weathersby v. State, 147 So. 481 (Miss. 1933) (Weathersby rule for eyewitness conflicts)
- Johnson v. State, 987 So.2d 420 (Miss. 2008) (Weathersby inapplicable when version is unreasonable or contradicted by evidence)
- Jones v. State, 39 So.3d 860 (Miss. 2010) (jury decides guilt when version contradicted by physical evidence)
- Smith v. State, 394 So.2d 1367 (Miss. 1981) (Weathersby not applicable where evidence contradicts defendant’s claim)
- Petty v. State, 332 So.2d 413 (Miss. 1976) (absence of injuries negates fight credibility)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standards for reviewing denial of JNOV and evidentiary sufficiency)
- Jackson v. State, 73 So.3d 1176 (Miss. Ct. App. 2011) (ineffective-assistance claims require record-based analysis)
- Radcliff v. State, 736 So.2d 1081 (Miss. Ct. App. 1999) (proper handling of contemporaneous objections and closing arguments)
- Colenburg v. State, 735 So.2d 1099 (Miss. Ct. App. 1999) (direct-appeal review limited to record unless mandatory)