303 So.3d 22
Miss. Ct. App.2020Background
- Cordarryl Bell was indicted for first-degree murder (Aquarius Nelson) and aggravated assault (Joshua Cole) after Bell shot Nelson multiple times on November 2, 2015; no weapon was recovered from the vehicle and only Bell’s shell casings were found.
- Bell claimed self-defense, testifying he feared Nelson—based on community rumors that Nelson had killed Bridget London—and believed Nelson was about to draw a gun.
- The first trial hung; at retrial the jury convicted Bell of the lesser-included offense of manslaughter and aggravated assault.
- Bell moved for JNOV or a new trial; the trial court denied relief and imposed consecutive prison terms (20 years for manslaughter; 20 years with 10 suspended for aggravated assault) plus post-release supervision.
- On appeal Bell raised three principal claims: (1) the court improperly limited testimony about Nelson’s alleged involvement in Bridget London’s death; (2) the court abused its discretion by denying a mistrial after a prosecutor’s remark; and (3) the court refused a requested perjury instruction.
- The Court of Appeals affirmed, holding the trial court did not abuse its discretion in excluding uncorroborated rumor evidence, in curing the prosecutor’s remark by admonition rather than declaring a mistrial, or in refusing the perjury instruction.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Bell) | Held |
|---|---|---|---|
| 1) Exclusion of testimony that Nelson "killed Bridget London" | The testimony was improper character/rumor evidence and not admissible under Rule 404(b) without first‑hand knowledge or corroboration. | The rumor was admissible to show Bell’s state of mind (fear) under Rule 404(b). | Exclusion upheld; court allowed testimony about Bell’s fear but properly excluded unsubstantiated rumor about Nelson. |
| 2) Denial of mistrial after prosecutor said "I know" Cole was in the car | The prosecutor’s comment was a permissible inference from evidence and not prejudicial. | The comment implied extra-record knowledge by the prosecutor and warranted a mistrial. | Denial of mistrial affirmed; objection sustained and jury admonished—no reversible prejudice. |
| 3) Refusal to give perjury jury instruction | The perjury instruction was unnecessary; credibility instructions already covered the issue and no perjury charge existed. | Cole’s inconsistencies required heightened-perjury instruction so jury would scrutinize his testimony. | Refusal affirmed; proposed instruction was legally deficient, unsupported by evidence, and duplicative. |
Key Cases Cited
- Newell v. State, 175 So. 3d 1260 (Miss. 2015) (abuse-of-discretion standard for evidentiary rulings)
- Richardson v. State, 147 So. 3d 838 (Miss. 2014) (victim’s violent history may be admissible to support self‑defense/state of mind when based on first‑hand knowledge)
- Jordan v. State, 211 So. 3d 713 (Miss. Ct. App. 2016) (prior violent acts known to defendant admissible under Rule 404(b) for state of mind)
- McDonald v. State, 538 So. 2d 778 (Miss. 1989) (proof of victim’s bad reputation for violence admissible on aggressor issue)
- Mack v. State, 650 So. 2d 1289 (Miss. 1994) (prosecutor’s use of "I know" can imply outside knowledge; may be harmless)
- Sheppard v. State, 777 So. 2d 659 (Miss. 2000) (prosecutorial comments outside the record can be prejudicial and reversible)
- Caston v. State, 823 So. 2d 473 (Miss. 2002) (context for permissible prosecutorial argument)
- Alexander v. State, 602 So. 2d 1180 (Miss. 1992) (jury admonition can cure improper prosecutorial remarks)
