Bolton v. State
| Docket Number: | 2011-KA-00113-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-08-2012 Opinion Author: Roberts, J. Holding: Reversed and remanded |
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| Additional Case Information: |
Topic: Murder - Sufficiency of evidence - Manslaughter instruction - Lesser-offense instruction Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Ishee, Russell and Fair, JJ. Concur in Part, Concur in Result 1: Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion Concurs in Result Only: Carlton, J., Concurs in Result Only Without Separate Written Opinion Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-12-2011 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Mark Sheldon Duncan Case Number: 10-CR-062-LE-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | LeBrian Dontae Bolton |
EDMUND J. PHILLIPS JR.
RICHARD A. REHFELDT
P. SHAWN HARRIS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. SCOTT STUART |
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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 - Sufficiency of evidence - Manslaughter instruction - Lesser-offense instruction |
| Summary of the Facts: | Lebrian Bolton was convicted of murder and sentenced to life imprisonment. He appeals. |
| Summary of Opinion Analysis: | Bolton argues that the evidence was insufficient to support a murder conviction and at most, he is only guilty of manslaughter. His argument is focused on the lack of a manslaughter jury instruction given at trial. A defendant is entitled to have jury instructions given which present his theory of the case; however, this entitlement is limited in that the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence. Here, the jury never received a manslaughter instruction although it did receive a self-defense instruction. Ultimately, however, the jury was only given two options: guilty of murder or not guilty. An indictment for murder encompasses the lesser-included charge of manslaughter. However, when the evidence only supports a verdict of murder, the circuit court judge should refuse a manslaughter instruction. If the record shows any evidence that can support a lesser offense, then the circuit court should give the lesser-offense instruction. In this case, the circuit court judge erred in failing to give a manslaughter instruction. Viewing the evidence in a light most favorable to Bolton, a reasonable jury could have found him guilty of only manslaughter. Bolton’s testimony at trial was that the victim was the initial aggressor in the altercation. His testimony was supported by testimonies from two witnesses that the victim had struck Bolton in the eye immediately before the shooting occurred. Bolton’s mug shot was admitted into evidence at trial and showed him with a swollen, black eye consistent with his theory that the victim had struck him in the eye. Bolton also testified that he was attempting to resolve a dispute with the victim. A reasonable jury could have found that although Bolton’s belief of impending great bodily harm or death was not reasonable, there existed a bona fide belief that his life was in danger because the victim was attacking him with a gun, and Bolton, therefore, could be guilty only of manslaughter. However, if the jury believed two witnesses’ testimonies about Bolton’s statement made immediately before shooting the victim, a murder verdict would have been appropriate. Thus, the case is reversed and remanded. |
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