Young v. State
| Docket Number: | 2010-CT-00240-SCT Linked Case(s): 2010-KA-00240-COA ; 2010-KA-00240-COA ; 2010-CT-00240-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 10-04-2012 Opinion Author: Carlson, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Murder - Impeachment of witness - Hostile witness - Imperfect self-defense instruction Judge(s) Concurring: Waller, C.J., Randolph, Lamar and Pierce, JJ. Dissenting Author : Dickinson, P.J. Dissent Joined By : Kitchens, Chandler and King, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Granted Appealed from Court of Appeals |
|
| Trial Court: |
Date of Trial Judgment: 01-13-2010 Appealed from: Wayne County Circuit Court Judge: Robert Bailey Disposition: Appellant was convicted of murder and sentenced to life in prison. District Attorney: Bilbo Mitchell Case Number: 09-32-K |
|
| Note: | The Supreme Court found no error in the trial court’s denial of Young’s imperfect-self-defense jury instruction and affirmed the Circuit Court and the Court of Appeals. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Lonnie Young a/k/a Xmoe Dragon |
PRO SE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Murder - Impeachment of witness - Hostile witness - Imperfect self-defense instruction |
| Summary of the Facts: | Lonnie Young was convicted of murder and sentenced to life. He appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Issue 1: Impeachment of witness Young argues that he was prejudiced by the trial court’s denial of his request to impeach his own witness, who he contends had become a hostile witness on the stand. The Court of Appeals determined that the witness’s in-court testimony did contradict the statements she had made to the police investigator. Thus, the trial court erred in sustaining the State’s objection at the conclusion of the jury’s viewing of the witness’s videotaped statement to the police. The record shows that the trial judge decided to leave to the jury the decision of how to view the witness’s testimony. This testimony was not excluded and was not subject to the trial judge’s general instruction that the jury should disregard all evidence which was excluded by the court from consideration during the course of the trial. Thus, the jury was fully informed via properly admitted evidence that the witness’s in-court testimony was inconsistent with prior out-of-court statements to the police and to Young’s counsel. The jurors were able to weigh this testimony to determine whether they believed or disbelieved the witness’s testimony. Therefore, the error was harmless beyond a reasonable doubt. Issue 2: Imperfect self-defense instruction Young argues that the court erred by denying his imperfect self-defense jury instruction. Imperfect self-defense is a theory that can reduce intentional killings from murder to manslaughter where the killing is committed without malice but under a bona fide, but unfounded, belief that it was necessary to prevent great bodily harm. Young’s own testimony was that the victim had pulled a gun on him first and that was the only reason Young offered for killing the victim. Taken as true, this showed that Young faced imminent danger and that his apprehension was objectively reasonable. This evidence did justify Young’s proffered self-defense jury instruction, which was properly granted. However, this evidence provides no evidentiary basis for the bona fide but unfounded belief required for an imperfect-self-defense instruction. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
