Beale v. State
| Docket Number: | 2007-KA-00190-COA Linked Case(s): 2007-KA-00190-COA ; 2007-CT-00190-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-09-2008 Opinion Author: Myers, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Capital murder - Self-defense instruction - Lesser-included offense instruction - Bias of judge Judge(s) Concurring: King, C.J., Lee, P.J., Irving, 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: 09-27-2006 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: CONVICTED OF CAPITAL MURDER AND SENTENCED TO SERVE A TERM OF LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Eleanor Faye Peterson Case Number: 05-0-670-00 WSY |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | FRED HENRY BEALE |
MICHAEL J. MALOUF |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS | ||
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 - Self-defense instruction - Lesser-included offense instruction - Bias of judge |
| Summary of the Facts: | Fred Beale was convicted of capital murder and sentenced to life. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Self-defense instruction Beale argues that the court peremptorily found him guilty of burglary as a result of its decision to prohibit him from claiming self-defense or submitting a self-defense instruction to the jury. Mississippi adheres to the common law rule that an aggressor is precluded from pleading self-defense. Accordingly, this assignment of error is without merit. In addition, Beale was properly precluded from arguing self-defense at trial as he was charged under the capital murder statute. Issue 2: Lesser-included offense instruction Beale argues that the jury should have been allowed to consider the lesser-included offense of manslaughter. There must be evidence present in the record that would have supported a manslaughter instruction if Beale’s contention that the trial court improperly denied the instruction is to be found meritorious. Under the facts of this case, the trial court did not err in failing to grant a heat-of-passion or an imperfect self defense manslaughter instruction. Issue 3: Bias of judge Beale argues that the trial court showed bias against him during the trial through the court’s continual sustaining of objections. While Beale cites to numerous instances where the trial judge sustained objections to Beale’s proof, those rulings did not amount to reversible error. |
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