Newell v. State
49 So. 3d 66
| Miss. | 2010Background
- Newell was convicted of manslaughter for fatally shooting Adrian Boyette in the Slab House parking lot in Lowndes County.
- Newell traveled from Alabama to Mississippi to confront his wife’s alleged infidelity before filing for divorce.
- Newell encountered Boyette and Hollis; a confrontation occurred after Boyette warned Newell and threatened him.
- Newell testified he acted in self-defense after Boyette slammed the truck door, threatened, and grabbed toward him.
- A standoff occurred at Newell’s Alabama home; Newell surrendered after police obtained Diane’s voicemail and other materials.
- The Court reverses and remands, finding reversible error in evidentiary rulings and in the Castle Doctrine instruction; issues I–III are addressed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of voicemails under spousal privilege | Newell: Rule 504 excludes voicemails | State: threats show motive; exception to privilege | Voicemails admitted; no reversible error on privilege |
| Relevance of Boyette’s toxicology results | Toxicology relevant to victim’s state of mind | Evidence irrelevant to aggressor; risk of speculation | Exclusion of toxicology was reversible error; remand for retrial on self-defense issue |
| Castle Doctrine presumption instruction under §97-3-15(3) | D-22 properly defines the new presumption | Court should not give D-22; not supported by evidence | Instruction D-22 should have been given; reversal and new trial warranted |
Key Cases Cited
- Byrd v. State, 123 So. 867 (Miss. 1929) (victim intoxication admissible to show state of mind of deceased)
- Farmer v. State, 770 So.2d 953 (Miss. 2000) (relevance balanced against prejudice; admissibility for motive/intent)
- Huggins v. State, 911 So.2d 614 (Miss.Ct.App.2005) (victim’s intoxication considered in self-defense context)
- Mingo v. State, 944 So.2d 18 (Miss.2006) (abuse of discretion standard for evidentiary rulings; substantial-right harm)
- Byrd v. State, 123 So.867 (Miss. 1929) (establishes admissibility of intoxication evidence to show conditions at killing)
- Davis v. State, 18 So.3d 842 (Miss.2009) (instruction analysis—read as a whole; fair announce of law)
- Rubenstein v. State, 941 So.2d 735 (Miss.2006) (instructions must fairly announce law and fit evidence)
- McCall v. State, 29 So. 1003 (Miss.1901) (no duty to retreat in certain protected settings)
- Long v. State, 52 Miss. 23 (Miss.1876) (stand your ground principle historically recognized)
- Hood v. State, 17 So.3d 548 (Miss.2009) (acknowledges related competency and evidentiary considerations)