87 So. 3d 1129
Miss. Ct. App.2012Background
- Bolton was indicted for murder in Leake County on June 28, 2010 and was convicted in 2011 in Leake County Circuit Court, receiving life imprisonment.
- Bolton challenged the verdict by motions for a new trial and on appeal; the circuit court denied the motions and the notice of appeal was filed January 24, 2011.
- The underlying incident occurred December 22, 2009, when Lewis allegedly assaulted Weathers; Bolton, Hudson, and Ealy confronted Lewis later that day over the incident.
- There was a series of confrontations along a path between Miss Osie’s house and Lewis’s home, with competing testimony about who started the fight and whether a gun was involved.
- During the altercation, a shot was fired by Hudson, and Bolton allegedly fired two shots at Lewis after taking Hudson’s gun, with conflicting accounts of whether Lewis possessed a gun.
- Evidence included recovered firearms and shell casings; autopsy showed Lewis died from two gunshot wounds but no projectiles were found in the body.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying a manslaughter instruction | Bolton | Bolton | Reversed; error in denying manslaughter instruction |
| Whether the evidence supports murder beyond reasonable doubt | Bolton argues insufficiency; request for manslaughter instruction was proper | State contends evidence supports murder | Not directly decided; dispositive issue rejected |
| Whether jury instructions on self-defense were proper | Bolton asserts imperfect self-defense instruction was applicable | State contends current instructions were sufficient | Remanded for new trial with proper manslaughter instruction |
Key Cases Cited
- State v. Shaw, 880 So.2d 296 (Miss. 2004) (indictment for murder includes lesser manslaughter)
- Ruffin v. State, 444 So.2d 839 (Miss. 1984) (refusal of lesser-included offense when appropriate)
- Mease v. State, 539 So.2d 1324 (Miss. 1989) (standard for giving lesser-included offense instructions)
- Ormond v. State, 599 So.2d 951 (Miss. 1992) (lessor-offense instruction when any evidence supports it)
- Banyard v. State, 47 So.3d 676 (Miss. 2010) (entitlement to jury instruction presenting theory of the case)
- Ellis v. State, 778 So.2d 114 (Miss. 2000) (instruction on theory of the case despite weak evidence)
- Austin v. State, 784 So.2d 186 (Miss. 2001) (standard for evaluating jury instruction adequacy)
- Newell v. State, 49 So.3d 66 (Miss. 2010) (abuse-of-discretion standard for jury instruction decisions)