Ira Donell Bowser v. State of Mississippi
182 So. 3d 425
| Miss. | 2015Background
- Victim Shabree Page was found stabbed 29 times in her apartment on June 9, 2012; Dr. Paul McGarry testified the wounds were deliberate aimed thrusts causing massive blood loss.
- Ira Bowser, Page’s long‑time on‑and‑off boyfriend, turned himself in and admitted killing her; he testified he could not remember most of the stabbings, claimed he “flashed out,” and conceded no one else was present.
- Crime‑scene evidence (bloody footprints, torn underwear, displaced furniture, a cell phone on the floor) and Bowser’s DNA/fingerprint evidence connected him to the scene; Bowser had minor scratch marks only.
- Bowser was indicted for deliberate‑design (first‑degree) murder, tried jury July 15–16, 2014, and convicted of murder under jury instruction C‑5; he was sentenced to life as a habitual offender.
- Bowser moved for JNOV (challenging sufficiency) and a new trial (challenging weight); both were denied and he appealed, arguing that the evidence at most supported manslaughter (heat of passion).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for deliberate‑design murder | State: evidence (29 deliberate stab wounds, expert opinion, scene evidence, Bowser’s admissions) supports intentional killing | Bowser: lack of deliberate design; memory loss, intoxication, and provocation support lesser offense | Affirmed — evidence sufficient for deliberate design murder |
| Weight of the evidence — whether verdict unjust over manslaughter claim | State: jury reasonably credited evidence of deliberate, repeated thrusts and Bowser’s admissions | Bowser: heat of passion manslaughter due to provocation, drugs, alcohol, and mutual altercation | Affirmed — verdict not against the overwhelming weight of the evidence |
Key Cases Cited
- Bush v. State, 895 So. 2d 836 (standard for sufficiency and weight review)
- Jackson v. Virginia, 443 U.S. 307 (reasonable‑juror sufficiency standard)
- Jones v. State, 39 So. 3d 860 (definitions of deliberate and design)
- Nicholson v. State, 523 So. 2d 68 (jury as sole judge of witness credibility)
- Nicolaou v. State, 534 So. 2d 167 (malice implied from use of deadly weapon; brutal repeated violence supports murder)
- Smith v. State, 925 So. 2d 825 (abuse‑of‑discretion standard for new trial on weight grounds)
- Howell v. State, 860 So. 2d 704 (drawing reasonable inferences from facts)
- Dilworth v. State, 909 So. 2d 731 (overturning verdicts only in exceptional cases)
- Stokes v. State, 128 So. 2d 341 (use of deadly weapon implies malice)