Flowers v. State
| Docket Number: | 2008-CT-00609-SCT Linked Case(s): 2008-KA-00609-COA ; 2008-KA-00609-COA ; 2008-CT-00609-SCT ; 2008-CT-00609-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 11-10-2010 Opinion Author: Dickinson, J. Holding: Reversed and remanded. |
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| Additional Case Information: |
Topic: Burglary - Necessity defense instruction Judge(s) Concurring: Carlson and Graves, P.JJ., Kitchens and Chandler, JJ. Dissenting Author : Pierce, J., Dissents With Separate Written Opinion Dissent Joined By : Waller, C.J., Randolph and Lamar, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 12-03-2007 Appealed from: Hinds County Circuit Court Judge: Winston Kidd Disposition: The defendant in this house-burglary prosecution testified that someone was trying to shoot him, so he ran to a house, broke in, and hid. The trial court refused his request to instruct the jury on the defense of necessity, the jury found him guilty, and the Court of Appeals affirmed. District Attorney: ROBERT SHULER SMITH Case Number: 04-0-126 |
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| Note: | This opinion reverses and remands a previous opinion by the Court of Appeals. See the COA opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO58552.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Ronregus Flowers |
VIRGINIA LYNN WATKINS, WILLIAM R. LABARRE, GRETA D. MACK HARRIS, JACINTA HALL |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT |
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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: | Burglary - Necessity defense instruction |
| Summary of the Facts: | Ronregus Flowers was convicted of burglary and sentenced to ten years. He appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Flowers submitted a jury instruction on the defense of necessity, but the trial judge, without comment, refused to give it. A party has a right to have jury instructions on all material issues presented in the pleadings or evidence and proposed instructions should generally be granted if they are correct statements of law, are supported by the evidence, and are not repetitious. The necessity defense provides that where a person reasonably believes that he is in danger of physical harm he may be excused for some conduct which ordinarily would be criminal. Flowers testified that he broke in the house because someone was trying to shoot him. The prosecutor closely cross-examined him about other options, but Flowers insisted someone was after him with a gun, and he had no time to do anything but break into the house. This testimony, if believed, established a prima facie showing of the necessity defense. Because the trial court failed properly to instruct the jury on the law of the defense of necessity, the case is reversed and remanded. |
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