Lewis v. State
| Docket Number: | 2008-KA-01995-COA Linked Case(s): 2008-KA-01995-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-24-2010 Opinion Author: Irving, J. Holding: Reversed and remanded. |
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| Additional Case Information: |
Topic: Murder - Manslaughter instruction - Admission of testimony - M.R.E. 403 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-09-2008 Appealed from: Hinds County Circuit Court Judge: L. Breland Hilburn Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Robert Shuler Smith Case Number: 07-1-113 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Mary Lewis |
WILLIAM R. LABARRE, VIRGINIA LYNN WATKINS, JONATHAN MATTHEW EICHELBERGER |
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| 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. |
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| Topic: | Murder - Manslaughter instruction - Admission of testimony - M.R.E. 403 |
| Summary of the Facts: | Mary Lewis was convicted of murder and sentenced to life. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Manslaughter instruction Lewis argues that the trial court erred in failing to grant her request for a manslaughter instruction. The circuit court denied Lewis’s manslaughter instruction because it found that there was insufficient evidence that Lewis had acted in the heat of passion and because the manslaughter theory was inconsistent with Lewis’s self-defense theory. Here, a witness testified that she saw the victim strike Lewis in the face immediately prior to the shooting. In her statement to the police, Lewis stated that the victim “had knocked the window out of the car with the bottle and tried to grab me out of the car.” These alleged acts are sufficient to show heat of passion sufficient for a manslaughter instruction. Furthermore, inconsistent theories of defense can be presented in jury instructions. Thus, the self-defense and manslaughter instructions in the present case should have both been allowed, even though they are incompatible. Issue 2: Admission of testimony Lewis argues that the trial court erred in allowing a witness to testify that Lewis had threatened to kill the victim the Friday night before the shooting, because the testimony was more prejudicial than probative and violated M.R.E. 403. The trial judge did not abuse his discretion in allowing the witness to testify, as it was probative of Lewis’s intent to commit the crime. |
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