Evans v. State
109 So. 3d 1056
Miss. Ct. App.2011Background
- Evans, 14 at the time of the murder, was convicted of murder and received a mandatory life sentence under Miss. Code Ann. § 97-3-21 (Rev.2006).
- Dante filed a post-trial motion for JNOV or new trial on March 20, 2009; the court denied it.
- Evans argues: (a) improper imperfect self-defense instruction; (b) exclusion of testimony about his father’s alleged prior abuse; (c) denial of funds for a PTSD expert; (d) voir dire and juror impartiality related to his age; (e) admission of statements to private security guards and to Biloxi police; (f) overall life-sentence constitutionality.
- Video statement shows Evans witnessed domestic abuse and that he prepared a gun, then shot his sleeping father on April 13, 2007.
- The circuit court’s findings and evidentiary rulings are reviewed on whether substantial evidence supported imperfect self-defense and whether appropriate procedures were followed; the court affirms the conviction and life sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Imperfect self-defense instruction | Evans argues trial court erred by not instructing imperfect self-defense. | State contends facts do not support imperfect self-defense. | Instruction refused; issue without merit. |
| Exclusion of father’s prior abuse testimony | Evans claims neighbor testimony and restraining orders were pivotal to imperfect self-defense. | Evidence pre-dates Evans’ living with father and does not support imperfect self-defense. | Issue without merit. |
| Funds for PTSD expert | Evans seeks funds for a PTSD expert to support imperfect self-defense. | Court properly denied funds; theory unsupported by evidence. | Issue without merit. |
| Voir dire about age and impartiality | Age should not influence juror impartiality; impairment should be considered. | Court properly instructed and excluded biased jurors. | Issue without merit. |
| Constitutionality of life sentence for juvenile murderer | Life sentence for a juvenile is unconstitutional under Graham v. Florida. | Mississippi law mandates life for murder; Graham does not extend to murder. | Life sentence constitutional; Graham not controlling. |
Key Cases Cited
- Wade v. State, 748 So.2d 771 (Miss. 1999) (imperfect self-defense in domestic-violence context)
- Moore v. State, 859 So.2d 379 (Miss. 2003) (distinguishes Wade on facts; no imperfect self-defense here)
- Clark v. State, 40 So.3d 531 (Miss. 2010) (standard for jury instructions on defendant’s theory of the case)
- Spires v. State, 10 So.3d 477 (Miss. 2009) (entitle ment to present theory if supported by evidence; not if misstate law)
- Edmonds v. State, 955 So.2d 864 (Miss. 2006) (juvenile murder sentence context; limits on discretion and constitutionality)
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (juvenile life without parole for nonhomicide offenses; distinguishable from murder)
- Deloach v. State, 722 So.2d 512 (Miss. 1998) (private security guards not state actors; Miranda requirement not triggered)
- Quarles v. New York, 467 U.S. 649 (U.S. 1984) (public-safety exception to Miranda)
- Carley v. State, 739 So.2d 1046 (Miss. Ct. App. 1999) (juvenile confessions and coercive promises not established)