75 So. 3d 1112
Miss. Ct. App.2011Background
- Thomas convicted of manslaughter in DeSoto County Circuit Court; sentenced to 15 years with 5 years post-release supervision and $5,000 fine.
- Post-trial motion for JNOV or new trial denied.
- March 8, 2008: fundraising party at Performing Arts Building in Southaven; parking-lot fight ensued; Thomas fired gun in air to disperse crowd.
- Witnesses: Randolph, Jasper, Buckner, Green, Robinson testified; Thomas did not testify.
- Thomas challenged jury instruction D-12 (Castle Doctrine) as inappropriate; trial court denied.
- Court reverses and remands for new trial due to error on Castle Doctrine instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of Castle Doctrine instruction D-12 was reversible error | Thomas | State | Yes; error requiring reversal and new trial |
Key Cases Cited
- Newell v. State, 49 So.3d 66 (Miss.2010) (abuse-of-discretion standard for jury-instruction error; read as a whole)
- Davis v. State, 18 So.3d 842 (Miss.2009) (doubt with instructions resolved in favor of defendant)
- Giles v. State, 650 So.2d 846 (Miss.1995) (defendant entitled to have every legal defense submitted as a factual issue)