Pierce v. State
| Docket Number: | 2010-KA-01950-COA Linked Case(s): 2010-KA-01950-COA ; 2010-CT-01950-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2012 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Lesser-included offense instruction - Heat of passion instruction Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Fair, JJ. Dissenting Author : Russell, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-28-2009 Appealed from: Jefferson Davis County Circuit Court Judge: R.I. Prichard, III Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Haldon J. Cottrell Case Number: K2008-054P |
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| Party Name: | Attorney Name: | |||
| Appellant: | Willie Mack Pierce, Jr. |
ROBERT E. EVANS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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 - Lesser-included offense instruction - Heat of passion instruction |
| Summary of the Facts: | Willie Pierce, Jr. was convicted of murder and was sentenced to life imprisonment. He appeals. |
| Summary of Opinion Analysis: | Pierce argues that the trial court erred in not allowing the jury to consider a heat-of-passion manslaughter instruction. A lesser-included-offense instruction should be granted unless the trial court can say that taking the evidence in the light most favorable to the accused, and considering all reasonable inferences which may be drawn in favor of the accused from the evidence, no reasonable jury could find the defendant guilty of the lesser included offense and conversely not guilty of at least one essential element of the principal offense. Mere words, no matter how provocative, are insufficient to reduce an intentional and unjustifiable homicide from murder to manslaughter. Heat of passion is 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. Pierce claims that he was in the heat of passion after receiving a “Dear John” letter from his wife. He states he was despondent and suicidal when he arrived at the Upton home. His passion was heightened when he saw his wife’s belongings there, so he had “words” with his brother-in-law. Pierce contends that his mental state combined with the “words” he had with Upton amounted to the heat of passion necessary to allow the giving of a manslaughter instruction. However, there is no evidence that Pierce’s passion or anger was suddenly aroused by provocation. What the evidence does show is that the victim was sitting in his lounge chair in his home when he was shot at close range by a shotgun. The “Dear John” letter Pierce claimed provoked his “violent and uncontrollable rage” was only a statement Pierce made to his brother. No letter was introduced into evidence, and the fact of its existence was not proven. Thus, the trial court did not err in failing to give a heat-of-passion jury instruction. |
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