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MS: Self Defense Claim Must be Allowed in Court
Some of you are big fans of the castle doctrine. Today the Mississippi Supreme Court approved the following instruction for use in cases where the facts raise an inference that the castle doctrine should apply:
The court instructs the jury that a person who uses defensive forces shall be presumed to have reasonably feared imminent death or great bodily harm, or the commission of a felony upon her or upon her dwelling, or against a vehicle which she was occupying, if the person against whom the defensive force was used, was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, occupied vehicle or the immediate premises thereof and the person who used defensive force knew or had reason to believe that the forcible entry or unlawful forcible act was occurring or had occurred. Therefore, if you find from the evidence in this case that the deceased, Danielle Newsome, had unlawfully and forcibly entered the property surrounding Eboni White's residence, or that Danielle Newsome, the deceased, was in the process of unlawfully and forcibly entering Eboni White's residence or the property surrounding Eboni White's residence, or Eboni White's vehicle, and that Eboni White was aware that such forcible entry or unlawful act by Danielle Newsome was occurring or had occurred, then you shall presume Eboni White to have reasonably feared imminent death or great bodily harm at the time of the shooting, and you must, therefore, find the defendant, Eboni White, not guilty.Eboni White v. State of Mississippi, NO. 2011-CT-00048-SCT
Source: http://gunwatch.blogspot.com/2013/11/ms-self-defense-claim-must-be-allowed.html
