The State v. Joseph Bowers

Summary

The South Carolina Supreme Court affirmed the Court of Appeals' reversal of Joseph Bowers's ABHAN conviction arising from a multi-person shootout. The court held that the erroneous mutual-combat jury instruction prejudiced Bowers because it could have led the jury to conclude that his alleged mutual combat with one victim barred self-defense as to another victim. A dissent would have found that the trial court's supplemental instruction cured any error and would have reinstated the convictions involving Richard Green.

Holdings

1. An erroneous jury instruction is prejudicial when it contributed to the jury's verdict; if the court has reasonable doubt whether the instruction affected the jury's deliberations, the conviction must be reversed.
2. When applicable, mutual combat negates self-defense by making the defendant at fault in bringing on the difficulty; if a prior mutual combat dispute leads to a multi-person shootout, that fault may extend to injuries inflicted on other victims, including victims who were not participants in the prior dispute.
3. A supplemental instruction does not cure an erroneous jury charge when it supplies another incorrect statement of law and fails to clearly inform the jury that the original erroneous instruction was inapplicable or withdrawn.

Questions Presented

1. Whether the erroneous mutual-combat jury instruction prejudiced Bowers as to the ABHAN conviction involving Richard Green.
2. Whether the trial court's supplemental answer to the jury's question cured the confusion created by the initial mutual-combat instruction.

Disposition

affirmed