L.M. Birge v. State of Mississippi
216 So. 3d 1174
Miss. Ct. App.2017Background
- On Aug. 27, 2013, a fistfight between Callie Ware and Rose (Birge's daughter) moved from inside a residence to the street; Birge shot Callie in the chest and she died.
- Birge admitted going to the scene, retrieving a gun from his house, returning to the street, striking Callie with the gun, and thereafter a shot occurred during a struggle with Callie’s mother, Santonia.
- Witness testimony conflicted: some observed only a fistfight and that Birge was the only person with a gun; others testified Tikea (Callie’s sister) had a gun inside the house but left without it.
- Birge claimed he shot in defense of his daughter (and/or accident during a tussle); the State argued deadly force was unreasonable and unnecessary.
- Birge was convicted of manslaughter and sentenced to 15 years (10 to serve, 5 suspended); he appealed arguing insufficiency of evidence (failure to disprove self-defense) and that the verdict was against the overwhelming weight of the evidence.
Issues
| Issue | Birge's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency: whether evidence disproved necessary self-defense | Birge: evidence shows he reasonably feared imminent great bodily harm to his daughter; conviction unsupported | State: no reasonable fear—only Birge had a gun at scene; his fear was unreasonable and his own testimony undercuts self-defense (claimed accidental discharge) | Affirmed: evidence sufficient to reject self-defense and support manslaughter conviction |
| Weight of the evidence: whether verdict was contrary to overwhelming weight | Birge: verdict against overwhelming weight; jury should have credited self-defense/accident theory | State: testimony conflicted; credibility determinations for jury; verdict not unconscionable | Affirmed: jury verdict not so contrary to weight of evidence to warrant new trial |
Key Cases Cited
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for sufficiency review — view evidence in light most favorable to the State)
- Nicholson v. State, 523 So. 2d 68 (Miss. 1988) (credibility conflicts are for the jury to resolve)
- Harris v. State, 937 So. 2d 474 (Miss. Ct. App. 2006) (State bears burden to prove defendant was not acting in necessary self-defense)