Woods v. State


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Docket Number: 2006-KA-01828-COA
Linked Case(s): 2006-KA-01828-COA ; 2006-CT-01828-SCT

Court of Appeals: Opinion Link
Opinion Date: 06-03-2008
Opinion Author: KING, C.J.
Holding: Reversed and Remanded

Additional Case Information: Topic: Aggravated assault - Jury instructions - Self-defense instruction
Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 08-24-2006
Appealed from: YAZOO COUNTY CIRCUIT COURT
Judge: Mike Smith
Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH TEN YEARS TO SERVE AND TEN YEARS SUSPENDED, AND TO PAY A FINE IN THE AMOUNT OF $9,700 AND RESTITUTION IN THE AMOUNT OF $5,000
District Attorney: James H. Powell, III
Case Number: 25-9964

  Party Name: Attorney Name:  
Appellant: KISHA WOODS




JULIE ANN EPPS, E. MICHAEL MARKS



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND  

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Topic: Aggravated assault - Jury instructions - Self-defense instruction

Summary of the Facts: Kisha Woods was convicted of aggravated assault and sentenced to twenty years, with ten years to serve and ten years suspended. Woods appeals.

Summary of Opinion Analysis: Woods alleges three specific errors with the jury instructions: they shifted the burden to Woods to prove self-defense and failed to require the State to prove the absence of self-defense; they deprived Woods of the right to act on a reasonable belief that the victim intended to kill or cause serious bodily harm; and they did not instruct the jury to acquit if the State failed to negate self-defense. Woods’ first issue with the jury instructions is without merit because instruction number two informed the jury that the State bore the burden of proof. Woods’ second issue with the jury instructions is also without merit. The supreme court has held that an instruction similar to the instruction which was given in this case does not misstate the law on self-defense with regard to the reasonableness of the defendant’s actions. With regard to Woods’ third issue, the failure of the self-defense instruction to inform the jury of its duty to acquit if it found the defendant acted in self-defense is harmless if another instruction supplied the missing requirements. In this case, no such instruction was given to the jury. The State argues that because Woods did not object to the jury instructions, she is procedurally barred from arguing this issue on appeal. However, Woods did not need to object to the denial of an instruction she proposed. Woods presented a jury instruction containing the language she now argues in favor of, which the circuit court denied. Thus, Woods’ conviction and sentence require reversal for failure to properly instruct the jury on its duty to acquit Woods if it found that she acted in self-defense.


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