Anderson v. State
| Docket Number: | 2009-KA-00517-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-19-2010 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Manslaughter - Jury instruction - Castle doctrine - Retroactive application of statute Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, 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: 07-22-2005 Appealed from: Lamar County Circuit Court Judge: R. I. Prichard, III Disposition: CONVICTED OF MANSLAUGHTER AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Haldon J. Kittrell Case Number: 2003K428P |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Charles Anderson |
JOHN T. KITCHENS, LESLIE S. LEE, KATHARINE MCKEE SURKIN, JOSEPH LEONARD TURNEY, THOMAS EUGENE WHITFIELD JR. |
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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: | Manslaughter - Jury instruction - Castle doctrine - Retroactive application of statute |
| Summary of the Facts: | Charles Anderson was convicted of manslaughter and sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Anderson argues that the trial court erred in granting one of the State’s jury instructions that was contradictory and confusing, and did not correctly state the applicable law. He also argues that the instructions did not adequately inform the jurors that they were bound to acquit Anderson if they found that the shooting was justified and that he was not allowed to present his theory of self-defense to the jury. According to the record, jury instruction C-2 provided that if the jury found that the State did not prove the elements of murder, the jury should consider whether Anderson was guilty of heat-of-passion manslaughter; and the instruction gave the jury a definition of heat-of-passion manslaughter. Accordingly, the jury was properly instructed. Anderson also argues that the “castle doctrine” should be applied retroactively to his case. The castle doctrine, which curtailed the duty to retreat and created a presumption that the defendant reasonably feared imminent death, great bodily harm, or the commission of a felony upon him from a person who had unlawfully and forcibly entered the immediate premises of a dwelling, was enacted effective July 1, 2006, approximately one year after Anderson’s July 2005 conviction. The statute does not provide for retroactive application. |
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