189 So. 3d 1274
Miss. Ct. App.2016Background
- Kevin D. Boudreaux Jr. was convicted of murder in Hancock County and sentenced to life; he appealed after post-trial motions were denied.
- Altercation occurred after a Mardi Gras parade; Boudreaux fought with multiple people and then went inside his trailer and returned with a gun.
- Witnesses testified Boudreaux struck his sister Janell with the gun, then shot her in the head at close range; ballistics and pathology supported the shooting came from Boudreaux’s gun and from about 2–3 feet.
- Defense presented testimony casting some doubt on who fired a later shot; defense theory at trial was heat-of-passion manslaughter, not self-defense.
- The trial court excluded the victim’s toxicology (BAC .144% and marijuana) as irrelevant and more prejudicial than probative; the court also gave a deliberate-design instruction that included the phrase "but for an instant."
Issues
| Issue | Plaintiff's Argument (Boudreaux) | Defendant's Argument (State) | Held |
|---|---|---|---|
| 1. Deliberate-design jury instruction | Instruction’s phrase "but for an instant" confused jury when manslaughter was also given | Instruction correctly described deliberation; similar language upheld by precedent | Instruction was proper; no reversible error |
| 2. Exclusion of victim’s intoxication evidence | Toxicology relevant to show victim was initial aggressor and to support heat-of-passion theory | Toxicology irrelevant because defendant disavowed self-defense; would be unfairly prejudicial | Exclusion affirmed; evidence not admissible for theories actually pursued |
| 3. Sufficiency to support murder vs. manslaughter | Evidence supports only manslaughter or imperfect self-defense; JNOV should have been granted | Evidence supports deliberate design: retrieved gun, struck victim, then shot her at close range | Guilty verdict supported; murder conviction affirmed |
| 4. Ineffective assistance for failing to request accident instruction | Counsel should have requested accident/misfortune instruction because witnesses suggested a struggle around the gun | Record shows Boudreaux aimed, struck, and shot victim; no reasonable probability an accident instruction would change outcome | Ineffective-assistance claim denied on the record; claim dismissed without prejudice to collateral review |
Key Cases Cited
- Fears v. State, 779 So. 2d 1125 (Miss. 2000) (upheld instruction stating deliberate design may exist "but for an instant")
- Windham v. State, 520 So. 2d 123 (Miss. 1988) (reversible error where instruction said deliberate design may be formed "at the very moment" of the fatal act)
- Williams v. State, 729 So. 2d 1181 (Miss. 1998) (where manslaughter instruction warranted, jury must be instructed how to assess premeditation/deliberation)
- Wade v. State, 748 So. 2d 771 (Miss. 1999) (describing "imperfect" self-defense as reducing murder to manslaughter)
- Wilson v. State, 936 So. 2d 357 (Miss. 2006) (deliberate design may be inferred from intentional use of an instrument likely to cause death)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part standard for ineffective assistance of counsel)