144 So. 3d 211
Miss. Ct. App.2014Background
- On July 27, 2010, Denorris Howell shot LaKeith Jones five times in Howell's garage after Jones came to Howell's home to pay for a car Howell had sold him. Jones died; autopsy found cocaine and marijuana in his system.
- Witnesses called by the State (Jeremy Jones, Terrance Cowan, Dean Bridgeforth) testified Jones was unarmed, in a good mood, and did not consume drugs/alcohol that morning; they said Howell had a gun when he entered the garage, pushed Jones, and blocked the exit before shooting.
- Howell (and a defense witness, Cal Curry) claimed Jones was agitated, reached for a baseball bat, and that Howell shot in self-defense; Howell also claimed Jones had previously robbed him and said he believed Jones might have a pistol.
- Jury acquitted Howell of murder but convicted him of manslaughter; Howell was sentenced to 20 years (3 suspended), 17 to serve, plus 3 years post-release supervision.
- Howell moved for JNOV or a new trial and sought to admit family photographs to show state of mind; trial court denied both motions and excluded the photos as unfairly prejudicial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for manslaughter conviction | State: evidence shows Howell was the aggressor, Jones unarmed, so sufficient evidence supports manslaughter | Howell: acted in necessary self-defense / defense of home or others; evidence insufficient as a matter of law | Affirmed—viewing evidence in favor of the State, a reasonable jury could find Howell guilty of manslaughter (JNOV denied) |
| Verdict against overwhelming weight of evidence | State: jury resolved credibility disputes; evidence supports verdict | Howell: verdict contradicts weight of evidence; self-defense credible | Affirmed—no abuse of discretion; verdict not unconscionably against weight of evidence |
| Applicability of castle doctrine (defense of dwelling) | State: no evidence Jones unlawfully and forcibly entered; castle doctrine inapplicable | Howell: castle doctrine presumption applies; he had reason to fear and no duty to retreat | Held: castle doctrine inapplicable—no unlawful/forcible entry or evidence Jones intended assault; jury properly rejected doctrine as defense |
| Exclusion of family photographs | Howell: photos relevant to his state of mind; mitigate prejudice | State: photos would only elicit sympathy; not probative of contested facts | Held: exclusion affirmed—trial court did not abuse discretion under Rule 403; probative value outweighed by danger of unfair prejudice |
Key Cases Cited
- Price v. State, 892 So.2d 294 (Miss. Ct. App. 2004) (standard for reviewing JNOV and sufficiency of evidence)
- Westbrook v. State, 29 So.3d 828 (Miss. Ct. App. 2009) (castle doctrine requires unlawful and forcible entry; mere trespass or presence insufficient)
- Lester v. State, 862 So.2d 582 (Miss. Ct. App. 2004) (deadly force only justified against trespasser who demonstrates purpose to assault or commit violence)
- Newell v. State, 49 So.3d 66 (Miss. 2010) (summary of castle doctrine presumption and duty to retreat)
- Davis v. State, 660 So.2d 1228 (Miss. 1995) (trial court's admission or exclusion of photographs reviewed for abuse of discretion under Rule 403)