Mississippi Supreme Court
James C. Newell, Jr. v. State of Mississippi
December 2, 20102010 Miss. LEXIS 633
Summary
The court reversed Newell's manslaughter conviction and remanded for a new trial because the trial court improperly excluded evidence of the victim's toxicology and refused a jury instruction concerning the statutory Castle Doctrine presumption. The court held that the voicemail messages were properly admitted because they were relevant and not protected by the asserted spousal privileges. The court also held that Newell's testimony supported an instruction presuming reasonable fear when he used defensive force after the victim allegedly attacked him while he occupied his truck. Justice Dickinson, concurring in part and dissenting in part, would have found the voicemails privileged and inadmissible.