373 So.3d 1042
Miss. Ct. App.2023Background
- On March 24, 2018, Willie James Bingham shot and killed Clifton David Nelson in the parking lot of Champion Hill Grocery in Edwards, Mississippi; Bingham was indicted for first‑degree murder and possession of a stolen firearm.
- Bingham and Nelson were former co‑workers with a history of mutual antagonism; Bingham testified Nelson had harassed and threatened him and that Nelson pointed a gun and attempted to shoot first.
- Eyewitnesses (Latoya German, Mary Hill) and store surveillance showed Nelson was unarmed during the confrontation; Latoya later admitted disposing of a gun found in her car.
- At trial the court instructed the jury on first‑ and second‑degree murder and on self‑defense (justifiable homicide), but refused Bingham’s proposed imperfect self‑defense instruction (which would reduce a homicide to manslaughter if the defendant acted under a bona fide but unreasonable belief of danger).
- The jury convicted Bingham of first‑degree murder and sentenced him to life; on appeal Bingham argued the court erred by refusing the imperfect self‑defense instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in refusing an imperfect self‑defense (manslaughter) instruction | State: No evidentiary basis for imperfect self‑defense; testimony supports either justifiable self‑defense or malice/murder, not a bona fide but unfounded belief | Bingham: Evidence (his testimony that Nelson aimed and tried to fire a gun) supported a subjective bona fide belief that killing was necessary, so imperfect self‑defense should be submitted | Court affirmed: no reasonable evidentiary basis for imperfect self‑defense; evidence supported self‑defense or malice and deliberate design, not a mitigated manslaughter theory |
Key Cases Cited
- Nelson v. State, 284 So. 3d 711 (Miss. 2019) (no evidentiary basis for imperfect self‑defense where record lacked proof of bona fide but unfounded belief)
- Young v. State, 99 So. 3d 159 (Miss. 2012) (defendant's testimony that victim pulled a gun justified self‑defense instruction but not imperfect self‑defense)
- Ronk v. State, 172 So. 3d 1112 (Miss. 2015) (defendant is entitled to instructions presenting his theory of the case, including imperfect self‑defense when supported by evidence)
- Brown v. State, 222 So. 3d 301 (Miss. 2017) (distinguishing objective reasonable fear for self‑defense from subjective bona fide belief for imperfect self‑defense)
- Batiste v. State, 121 So. 3d 808 (Miss. 2013) (self‑defense requires objective reasonable apprehension)
- Crump v. State, 237 So. 3d 808 (Miss. Ct. App. 2017) (malice/deliberate design defeats imperfect self‑defense; malice may be inferred from circumstances)
- Goodnite v. State, 799 So. 2d 64 (Miss. 2001) (lesser‑included offense instruction requires evidentiary support; not to be given on pure speculation)