Commonwealth v. Hairston, Joshua J.
Floyd County Circuit Case Nos. CR08- 150 and CR08- 160
Why I Am Innocent:
#2- ‘ evidence conclusively negatived the existence of malice and at most established a grade of homicide no greater than voluntary manslaughter’…Malice, either express or implied, is of the essence of murder. It is the element that distinguishes it from manslaughter. That one word malice is the touchstone by which the grade of the offense must be determined. When a homicide is committed in the course of a sudden quarrel or broil, or mutual combat, or upon sudden provocation, and without any previous grudge, the offense may be…, according to the circumstances of the case. ‘ passion brought on by an unlawful assault may reduce the homicide to manslaughter. If, upon being assaulted, the passion of the assaulted person becomes greatly excited, and under that impulse he kills his assailant, though it be with a deadly weapon, the offense is manslaughter only’… A homicide committed in hot blood, growing solely out of the combat for which a defendant was not responsible, is not murder.The plea of self-defense and of passion, engendered by an unprovoked assault, are not in conflict with each other. It is to be expected that one assaulted without provocation will do what appears to be necessary to defend himself.
* It is Usually the province of the jury to decide whether or not malice exists in the killing and thus determine the grade of homicide. BUT when the dominant and controlling facts are not in dispute and the inferences to be drawn therefrom are certain, it often BECOMES the duty of the trial court to say that malice has not been established.
Moxley v. Commonwealth, 195 Va. 151
Why I was found guilty:
#2- ‘ Apparently, all the proposed solutions for our social problems have become “business models”. The profit-making strategies of incarceration go virtually unchecked when private companies… run them. Companies such as these are controlled by few government regulations.In less than thirty years, our prison population has mushroomed- six to ten times higher than the prison populations of any other industrialized nation in the world. -Excerpt from “Letters to an Incarceration Brother”.