Taylor v. State
| Docket Number: | 2017-KA-01596-COA Linked Case(s): 2017-KA-01596-COA ; 2017-CT-01596-SCT ; 2017-CT-01596-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 12-04-2018 Opinion Author: Fair, J. Holding: Affirmed. |
|
| Additional Case Information: |
Topic: Murder - Weight of evidence - Pre-arming instruction - Defense theory instructions Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Wilson and Greenlee, JJ. Dissenting Author : Carlton, J., with separate written opinion Dissent Joined By : Westbrooks and Tindell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 12-20-2016 Appealed from: HARRISON COUNTY CIRCUIT COURT Judge: HON. CHRISTOPHER LOUIS SCHMIDT Disposition: Convicted of first-degree murder and sentenced as a habitual offender to life without parole District Attorney: Joel Smith Case Number: B2401-2016-102 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Dante O. Taylor a/k/a Dante O'Bryan Taylor a/k/a Dante O'Brien Taylor a/k/a Dante Taylor |
OFFICE OF STATE PUBLIC DEFENDER: HUNTER NOLAN AIKENS |
|
|
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: ABBIE EASON KOONCE | ||
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. |
|
| Topic: | Murder - Weight of evidence - Pre-arming instruction - Defense theory instructions |
| Summary of the Facts: | Dante Taylor was convicted of murder and sentenced to life without parole as a habitual offender. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Weight of evidence Dante did not raise the issue of weight of the evidence in his motion for a new trial. Thus, his argument is procedurally barred. Issue 2: Pre-arming instruction Dante argues that instruction S-13, a pre-arming instruction, should not have been given. A pre-arming instruction should only be used in extremely rare incidents where the instruction was supported by the evidence. The purpose of a pre-arming instruction is to inform the fact-finder that one cannot arm himself in advance when he is not in any physical danger, provoke a confrontation or difficulty with another, shoot the other, and then attempt to hide behind a smoke screen of self-defense. Here, testimony from witnesses showed that Dante armed himself when he was not in any physical danger, went to a house that the victim visited every day, sat in front of that house with a gun in his back pocket, and then shot the victim from at least two feet away. Dante’s mother testified that, the night before the shooting, Dante had threatened to “punish” or “do” the victim. And Dante testified that he got a pistol that same night after talking to his mother. Thus, the evidence supported the court’s decision to give a pre-arming instruction. Issue 3: Defense theory instructions Dante argues that the trial judge’s refusal to grant his proposed instructions D-19 and 20 was reversible error because both instructions supported an important theory of his defense, that the victim was much larger than Dante and “capable of causing serious bodily injury with his hands and fists.” Dante’s proposed instructions have been approved in other cases only when supported by evidence and when no other instruction properly presents the defendant’s theory. Here, there was no physical struggle between Dante and the victim; the evidence showed that Dante shot the victim from at least two feet away. Further, Dante’s theory of self-defense was properly presented in Instruction S-10. Thus, the jury was fully and fairly instructed regarding the applicable law. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
