Nolan v. State
2011 Miss. LEXIS 247
| Miss. | 2011Background
- Nolan shot and killed his father in May 2006 in Desoto County, Mississippi; he asserted insanity at the bench trial; the circuit court found him sane and convicted him of heat-of-passion manslaughter; the Court of Appeals reversed on sufficiency and remanded for resentencing; the Supreme Court reversed, held sufficient evidence for heat-of-passion manslaughter, and reaffirmed the M’Naghten insanity standard as applicable in Mississippi; the case discusses whether general manslaughter can serve as a lesser-included offense and analyzes admissible evidence, including the 911 call and various expert opinions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of heat-of-passion evidence | Nolan | State | Sufficient evidence supports heat-of-passion conviction |
| Sanity at the time of the shooting | Nolan | State | Sane beyond reasonable doubt; M’Naghten applied |
| Abandonment of M’Naghten Rule | Nolan | State | Declined to abandon M’Naghten Rule |
| General manslaughter as lesser-included offense | Nolan | State | General manslaughter not a lesser-included offense of heat-of-passion manslaughter; conviction affirmed under 97-3-35 |
Key Cases Cited
- Lanier v. State, 684 So.2d 93 (Miss. 1996) (statutory reading may be disjunctive; heat of passion can accompany dangerous-weapon manslaughter)
- Tait v. State, 669 So.2d 85 (Miss. 1996) (defines heat of passion and assesses immediacy; provocation timing matters)
- Haley v. State, 85 So. 129 (Miss. 1920) (cooling-off and provocation are case-specific, matters for the jury)
- Hearn v. State, 3 So.3d 722 (Miss. 2008) (reaffirms M’Naghten standard and burden of proof for sanity)