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289 So.3d 1221
Miss. Ct. App.
2020
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Background

  • 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)
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Case Details

Case Name: Antrone Coleman a/k/a Antron Coleman v. State of Mississippi
Court Name: Court of Appeals of Mississippi
Date Published: Jan 21, 2020
Citations: 289 So.3d 1221; NO. 2018-KA-00516-COA
Docket Number: NO. 2018-KA-00516-COA
Court Abbreviation: Miss. Ct. App.
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    Antrone Coleman a/k/a Antron Coleman v. State of Mississippi, 289 So.3d 1221