A notable ruling for Mississippi

The Clarion-Ledger reports:

A faulty jury instruction prevented Ardes Johnson from being allowed to argue that he killed a man in self-defense, the Mississippi Supreme Court has ruled.

The Supreme Court on Thursday threw out Johnson's 2004 murder conviction and life sentence in Bolivar County Circuit Court.

Johnson was convicted in the 2003 stabbing death of Terrell Davis outside a store in Shelby.

Johnson claimed at trial that Davis had threatened him by displaying a gang sign and he felt his life was in danger.

Johnson said he was carrying a folding knife for protection.

Johnson also claimed he was defending Shirley Landrum, Davis' girlfriend, after she was struck by Davis.

On appeal, Johnson challenged a 'pre-arming' instruction given by the judge to the jury.

In the instruction the judge told jurors that if 'a person provokes a difficulty, arming himself in advance and intending, if necessary, to use his weapon and overcome his adversary, he becomes the aggressor and deprives himself of the right of self-defense.'

Chief Justice Jim Smith, writing for the Supreme Court, said the instruction deprived Johnson of his claim of self-defense.

'The type of pre-arming instructions has repeatedly been denounced by this court,' Smith said.

This goofball judge thinks that preparing oneself for any eventual violent attack is the same as provoking attack. Thank goodness a higher authority had the sense to tell him he was wrong.