Mississippi Model Jury Instructions- Criminal CHAPTER 5 DEFENSES 511 Self-Defense – No Duty to Retreat While the danger that justifies one person taking another person’s life must be immediate, pending, and present, such danger does not need to be unavoidable except by killing in self-defense. The defendant is not required to flee from the danger […]
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Dille v. State, 2021 Miss. App. LEXIS 345 (MS Ct. App. 2021) Court of Appeals of Mississippi August 24, 2021, Decided 2019-KA-00855-COA 2021 Miss. App. LEXIS 345 LINCOLN DILLE A/K/A LINCOLN DILLE II, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE Counsel: MOLLIE MARIE McMILLIN, APPELLANT, Pro se, LINCOLN DILLE. FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL,
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Pace v. State, 2020 Miss. App. LEXIS 26 (MS Ct. App. 2020) Court of Appeals of Mississippi LOSD Summary: This case is interesting in part because it unusually involves a death by sword—indeed, it’s about a victim who brought a pocketknife to what turned out to be a sword fight, with the outcome you might
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Coleman v. State, 2020 Miss. App. LEXIS 14 (MS Ct. App. 2020) LOSD Summary: This case involves a shooter arguing with several men standing in front of a house across the street. The shooter begins firing at the several men, who flee into the house. One of the fleeing men is shot in the neck
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Mississippi Model Jury Instructions- Criminal CHAPTER 3 DEFINITIONS (A-L) 329 Dwelling House A dwelling house is an apartment, building, house, or room which the owner considers to be [his/her] dwelling or in which [he/she] intends to live. Any building or structure connected to a dwelling house is considered part of the dwelling house. Sources Miss.
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Mississippi Model Jury Instructions- Criminal CHAPTER 3 DEFINITIONS (A-L) 321 Curtilage Curtilage is the area next to a person’s home and includes the yard, garden, and other areas for any outbuildings. Sources Mississippi Model Jury Instruction – Criminal 3:11. Jordan v. State, 728 So. 2d 1088, 1095-96 (Miss. 1998) (The curtilage of a dwelling is
Mississippi Model Jury Instructions- Criminal CHAPTER 5 DEFENSES 507 Justifiable Homicide – “Castle Doctrine” [Name of defendant]’s act of killing [name of victim] is justifiable if [name of defendant] killed [name of victim] while resisting [name of victim]’s attempt to unlawfully kill [name of defendant] or to commit a serious crime against [name of defendant]
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Mississippi Model Jury Instructions- Criminal CHAPTER 2 COURT’S INSTRUCTIONS – EVIDENCE 210 Flight by the Defendant – Evidence of Guilt The defendant’s flight is a circumstance from which you can infer the defendant’s guilty knowledge or fear. If you find beyond a reasonable doubt from the evidence in this case that the defendant fled from
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Mississippi Model Jury Instructions- Criminal CHAPTER 3 DEFINITIONS (A-L) 323 Deadly Weapon A deadly weapon is an object, article, or means which, when used as a weapon under the existing circumstances, is reasonably capable or likely to produce death or serious bodily harm to another person. Sources Mississippi Model Jury Instruction – Criminal 3:12. Davis
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Mississippi Model Jury Instructions- Criminal CHAPTER 5 DEFENSES 510 Self-Defense – Imperfect Self-Defense If the defendant killed another person with an actual, genuine belief that the killing was necessary in order to protect [himself/herself] from great bodily harm or death, even though that belief was not reasonable under the circumstances, then the defendant did not
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