79 So. 3d 496
Miss.2011Background
- Brian Holliman was convicted of murdering his wife Laura-Lee Holliman and sentenced to life in the Mississippi DOC.
- The Mississippi Supreme Court reverses and remands for a new trial due to prosecutorial misconduct.
- The misconduct was an impermissible golden-rule argument by the prosecutor to the jury.
- The trial court failed to give a verdict-disregard instruction for the improper argument.
- Evidence at trial included Brian's statements characterizing Laura's death as suicide, accident, and murder, as well as expert autopsy and witness testimony about Laura's depression and marriage problems.
- The court emphasizes the need for professional conduct by counsel and potential sanctions for such misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the golden-rule argument violated due process | Holliman | State | Reversible error; remand for new trial |
Key Cases Cited
- Wells v. State, 698 So.2d 497 (Miss. 1997) (golden-rule arguments are prohibited)
- Danner v. Mid-State Paving Co., 173 So.2d 608 (Miss. 1965) (golden-rule; improper to ask jurors to place themselves in litigants' positions)
- Stringer v. State, 627 So.2d 326 (Miss. 1993) (warning about ineffective/unprofessional conduct by counsel; potential sanctions)
- Outerbridge v. State, 947 So.2d 279 (Miss. 2006) (trial court’s prejudice assessment normally deferential)