399 P.3d 618
Wyo.2017Background
- Sandra Adams’ mother’s vehicle was stolen from a driveway; officer later spotted it and Ricky Darnell Cole led police on a high‑speed chase, lost control, and the car burned.
- Cole was charged with theft; his defense was that he had permission and intended to return the vehicle (arguing lack of intent to permanently deprive).
- During closing, defense counsel referenced race: hypothetically saying, “if I was a black man in Wyoming…” when discussing what might have been in Cole’s mind.
- In rebuttal, the prosecutor responded by mentioning Cole’s race, stating that an African‑American man in Wyoming is not allowed to steal a car and flee, and that race does not matter.
- No contemporaneous objection was made; the jury convicted Cole of theft and the district court sentenced him to 4–8 years. Cole appealed, alleging prosecutorial misconduct for appealing to racial prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prosecutor committed misconduct by referencing defendant’s race in rebuttal | Cole: Prosecutor injected race to inflame racial bias and appeal to prejudice | State: Prosecutor’s remark was a direct response to defense counsel’s race‑based argument and aimed to defuse, not inflame | No plain error; remarks permissible in context as response and not intended to bias jury |
Key Cases Cited
- McCleskey v. Kemp, 481 U.S. 279 (constitutional prohibition on racially biased prosecutorial arguments)
- Donnelly v. DeChristoforo, 416 U.S. 637 (prosecutorial comments scrutinized for undue prejudice)
- Carter v. State, 241 P.3d 476 (Wyo. 2010) (race references may be permissible when not intended to inflame jury; race can be used to identify parties or establish motive)
- Causey v. State, 215 P.3d 287 (Wyo. 2009) (plain error standard and three‑part test)
- Carroll v. State, 352 P.3d 251 (Wyo. 2015) (review remarks in context; evaluate whether comments were inflammatory)