Crawford v. State
| Docket Number: | 2009-KA-01905-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-26-2011 Opinion Author: Irving, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder & Aggravated assault - Manslaughter instruction Judge(s) Concurring: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-07-2009 Appealed from: Washington County Circuit Court Judge: W. Ashley Hines Disposition: CONVICTED OF COUNT I, MURDER, AND SENTENCED TO LIFE, AND COUNT II, AGGRAVATED ASSAULT, AND SENTENCED TO TWENTY YEARS TO RUN CONSECUTIVELY TO THE SENTENCE IN COUNT I, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS Case Number: 2008-0474 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Letarius Crawford a/k/a Letarus Crawford a/k/a Latarus Crawford |
STAN PERKINS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND |
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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: | Murder & Aggravated assault - Manslaughter instruction |
| Summary of the Facts: | Letarius Crawford was convicted of murder and aggravated assault. He was sentenced to life for the murder and to twenty years for the aggravated assault. He appeals. |
| Summary of Opinion Analysis: | Crawford argues that the circuit court erred in not granting his requested manslaughter instruction. A defendant is entitled to a manslaughter instruction only when a factual basis for the instruction has been established. Heat-of-passion manslaughter requires a state of violent and uncontrollable rage engendered by a blow or certain other provocation given, which will reduce a homicide from the grade of murder to that of manslaughter. Passion or anger suddenly aroused at the time by some immediate and reasonable provocation, by words or acts of one at the time. The term includes an emotional state of mind characterized by anger, rage, hatred, furious resentment or terror. While Crawford would be entitled to any instruction that had a foundation in the evidence and was a correct statement of the law, his requested manslaughter instruction was not supported by the evidence. Crawford requested that the murder victim come to his hotel room. According to his statement to the police, he was angry that she had allegedly given him AIDS. Crawford told the police that after she entered the room, he hugged her, brought up the AIDS conversation, and then she began screaming at him. Crawford explicitly told the police that he did not remember why he shot her. After shooting her four times, Crawford went outside, where he shot the aggravated assault victim multiple times. This victim testified that Crawford did not appear overly excited while he was shooting. The only possible acts of provocation that were provided to the jury were the murder victim allegedly giving Crawford AIDS and Crawford seeing her at the hotel. As to the former, Crawford learned of the alleged infection the day before the shooting. Even after learning that the victim believed that she had given him AIDS, Crawford drove from Tennessee to Greenville to confront her. There is nothing in the record to indicate that there was a provocation at the time of the shooting. |
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