Fair v. State
| Docket Number: | 2005-KA-02216-COA Linked Case(s): 2005-KA-02216-COA ; 2005-CT-02216-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-07-2007 Opinion Author: IRVING, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Capital murder - Suppression of confession - Manslaughter instruction Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-30-2005 Appealed from: Choctaw County Circuit Court Judge: Joseph H. Loper Disposition: CONVICTED OF CAPITAL MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT THE POSSIBILITY OF PAROLE. District Attorney: Doug Evans Case Number: 2005-0007-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | CHRISTOPHER D. FAIR |
RAYMOND M. BAUM |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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. |
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| Topic: | Capital murder - Suppression of confession - Manslaughter instruction |
| Summary of the Facts: | Christopher Fair was convicted of capital murder and was sentenced to a term of life without the possibility of parole. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Suppression of confession Fair argues that his confession should have been suppressed because of his age, mental retardation, mental problems, and lack of understanding as to the rights he was waiving before he confessed. The totality of the circumstances test must be used when examining a juvenile’s confession because the age of the minor is seldom per se conclusive in deciding whether a confession was freely and voluntarily given. Fair was sixteen at the time of the shooting and his subsequent questioning. Fair had had previous experiences with law enforcement. His own expert opined that these experiences may have impacted his ability to understand his rights. Furthermore, the record reflects that Fair was advised of his rights multiple times by various law enforcement officers. The doctors who examined him in regard to his competency also found that he understood his rights as they were read to him prior to his confession. The evidence was conflicted as to how mentally handicapped, if at all, Fair was. Under the totality of the circumstances, the court did not err in admitting Fair’s confession. Issue 2: Manslaughter instruction Fair argues that the court erred when it refused to grant him a lesser-included offense instruction on manslaughter. Lesser included offense instructions should be given if there is an evidentiary basis in the record that would permit a jury rationally to find the defendant guilty of the lesser offense and to acquit him of the greater offense. Here, there is no evidentiary basis in the record for a manslaughter instruction. Fair stated in his confession to police that he formed the intent to shoot the victim while he was fleeing police. Nothing in the record indicates that Fair was frightened or startled when he shot and killed the victim. When given the chance to explain why he shot the victim, Fair mentioned nothing about being frightened or traumatized by the police chase. |
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