Pierce v. State
2012 Miss. App. LEXIS 409
| Miss. Ct. App. | 2012Background
- Pierce was convicted of murder of Silas Upton Jr. in Jefferson Davis County, Mississippi, and sentenced to life imprisonment.
- Evidence showed Upton was shot at close range with a shotgun while seated in a lounge chair; no defense testimony by Pierce, but admissions suggested guilt.
- Pierce admitted to friends and family that he had killed an innocent man and was remorseful; forensic evidence tied the shooting to buckshot from a 12-gauge shotgun.
- Upton was married to Meta Pierce’s sister, and Meta had been staying at the Upton home with belongings present; tensions existed between Meta and Pierce’s wife.
- Key items later found linked Pierce to the crime: Upton’s keys and truck recovered in his truck; Pierce’s Nissan truck contained a 12-gauge shotgun, shells, and a notebook with murder-related writings; statements to associates suggested guilt.
- The trial court refused to give a heat-of-passion manslaughter instruction, and Pierce appealed, arguing entitlement to the lesser-included offense instruction was supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether heat-of-passion manslaughter instruction should have been given | Pierce | Pierce argues evidence supports heat of passion | Instruction should have been given, but court denied it |
Key Cases Cited
- Anderson v. State, 79 So.3d 501 (Miss. 2012) (defines heat of passion and limits on provocative words as sufficient provocation)
- Graham v. State, 582 So.2d 1014 (Miss. 1991) (standard for lesser-included-offense instructions)
- Gates v. State, 484 So.2d 1002 (Miss. 1986) (standard for granting lesser-included instructions)
- Phillips v. State, 794 So.2d 1034 (Miss. 2001) (words alone not enough to reduce murder to manslaughter)
- McCune v. State, 989 So.2d 310 (Miss. 2008) (definitional background on heat of passion)
- Brown v. State, 19 So.3d 85 (Miss. Ct. App. 2008) (lesser-included instruction should be given when evidence exists)
- Gangl v. State, 539 So.2d 132 (Miss. 1989) (instruction scope for lesser-included offenses)
- Perry v. State, 637 So.2d 871 (Miss. 1994) (method for evaluating lesser offenses)
- Giles v. State, 650 So.2d 846 (Miss. 1995) (evidence sufficiency for lesser instruction)
- Stevens v. State, 458 So.2d 726 (Miss. 1984) (principles for lesser-offense instructions)
- Neese v. State, 993 So.2d 837 (Miss. Ct. App. 2008) (denial of jury instruction appropriate when unsupported by evidence)