90 So. 3d 1246
Miss. Ct. App.2011Background
- Booth died from a gunshot wound after an altercation at Club Checkers in Benoit, Mississippi, on October 20, 2007.
- Lafayette was charged with Booth’s murder and convicted of manslaughter by a Bolivar County Circuit Court jury.
- Lafayette was sentenced to eighteen years in MDOC custody; post-trial motions for JNOV or a new trial were denied.
- Evidence showed Lafayette fired a .9-mm handgun after an exchange with Booth, then fled the club leaving his weapon behind.
- Police recovered Lafayette’s handgun and ammunition; Booth’s gun and ammunition were also found, with autopsy indicating close-range gunshot to Booth’s face.
- Lafayette appealed challenging jury instructions, error on Sharplin instruction, and handling of past inconsistent statements of a nonparty witness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court properly denied a peremptory instruction | Lafayette | State | Sufficient evidence supported manslaughter; peremptory instruction denial affirmed |
| Whether D-4 and D-7 jury instructions were properly handled | Lafayette | State | Instruction D-4 improper to define reasonable doubt; D-7 repetitious but covered by other instructions; no reversible error |
| Whether Sharplin instruction language caused reversible error | Lafayette | State | Trial court’s comments were improper but formal Sharplin instruction given; not reversible error given Williams v. State guidance and lack of contemporaneous objection |
| Whether the jury-impeachment instruction regarding Mayes’ prior statements was properly addressed | Lafayette | State | Waived for lack of contemporaneous objection; nonetheless court found instructions satisfactory and not reversible |
Key Cases Cited
- Moore v. State, 52 So.3d 339 (Miss. 2010) (jury instruction issues and standard of review for sufficiency of evidence)
- Sneed v. State, 31 So.3d 33 (Miss. Ct. App. 2009) (sufficiency standard; peremptory instruction review)
- Folk v. State, 576 So.2d 1243 (Miss. 1991) (reversal for improper coercive comments in Sharplin context)
- Brantley v. State, 610 So.2d 1139 (Miss. 1992) (reversible error where judge’s remarks taint jury; Sharplin concerns)
- Williams v. State, 684 So.2d 1179 (Miss. 1996) (waived issue; remarks not reversible error when proper Sharplin instruction given)