Bennie Beal v. State of Mississippi

¶ 31. Respectfully, I dissent from the majority’s decision to affirm Beal’s conviction. I find that the failure to submit a jury instruction on the castle doctrine constituted ineffective assistance of counsel. Such an instruction would have given the jury the option to determine whether Beal *1287was presumed to have “reasonably feared imminent death or great bodily harm” when he used deadly force against Patel. Consequently, I would reverse and remand for a new trial.

¶ 32. In Newell v. State, 49 So.3d 66, 74 (¶ 22) (Miss.2010), the Mississippi Supreme Court discussed the provisions of the castle…