289 So.3d 1221
Miss. Ct. App.2020Background
- On Thanksgiving 2014, Antrone Coleman shot Shaggery Jones on a residential street; Jones later died and additional shots were fired into a nearby home.
- Physical evidence (multiple nine-millimeter casings/projectiles) and eyewitness testimony contradicted Coleman's claim that Jones had a gun.
- Coleman fled the scene, then turned himself in the next day with counsel; he signed Miranda acknowledgements but made no statement.
- At trial Coleman testified, asserting self‑defense; the jury convicted him of first‑degree murder and shooting into an occupied dwelling.
- The circuit court imposed concurrent sentences (life + 10 years). Coleman appealed, arguing (1) improper “golden rule” / “send a message” prosecutorial argument and (2) improper comment on his Fifth Amendment right to remain silent.
Issues
| Issue | Coleman | State | Held |
|---|---|---|---|
| Whether prosecutor’s closing argument constituted an improper "golden rule" or "send a message" appeal | Prosecutor appealed to jurors’ sympathies and urged verdicts that send a message / put jurors in victims’ shoes | Comments did not actually ask jurors to adopt a victim’s perspective or finalize a send‑a‑message plea; prosecution was curtailed by court when objected to | Court: No reversible error; remarks did not rise to golden‑rule or send‑a‑message misconduct and judge did not abuse discretion |
| Whether prosecutor impermissibly commented on Coleman’s Fifth Amendment right by referencing his flight and delay in turning himself in | Coleman: Argues comment improperly penalized his silence and failure to speak to police | Once defendant testified claiming self‑defense, prosecution may impeach with prearrest silence and flight; comment concerned prearrest conduct, not post‑Miranda silence | Court: Argument permissible under Jenkins and Cooley; not an improper comment on Fifth Amendment rights |
| Whether cumulative error requires a new trial | Coleman: Combined effect of both arguments prejudiced the verdict | No single error occurred, so cumulative‑error doctrine not triggered | Court: No cumulative error; convictions affirmed |
Key Cases Cited
- Jenkins v. Anderson, 447 U.S. 231 (U.S. 1980) (prearrest silence may be used to impeach when defendant testifies; distinguishes post‑Miranda silence)
- Cooley v. State, 391 So. 2d 614 (Miss. 1980) (Mississippi Supreme Court follows Jenkins; prearrest silence admissible to challenge defendant’s trial testimony)
- Batiste v. State, 121 So. 3d 808 (Miss. 2013) (explains prohibition on golden‑rule arguments)
- Chisolm v. State, 529 So. 2d 635 (Miss. 1988) (condemns urging jurors to put themselves in parties’ shoes)
- Moffet v. State, 156 So. 3d 835 (Miss. 2014) (sets standard for review of closing‑argument misconduct and grants trial courts broad latitude)
- Terrell v. State, 237 So. 3d 717 (Miss. 2018) (defines and condemns "send a message" prosecutorial arguments)
