359 So.3d 1104
Miss. Ct. App.2022Background
- On July 25–26, 2018 Murry gambled with Jarrell Ward; Murry later claimed he drove Ward to a Donut Factory in Columbus and dropped him off to meet a woman. Cell-site data did not corroborate that drop-off and placed Murry near the location where Ward’s body was later found.
- Ward’s decomposed body was discovered in Lowndes County with a fatal gunshot wound to the head; clothing at the scene matched gas-station surveillance footage showing Ward and Murry together earlier that morning.
- Investigators found broken passenger-side glass and bullet fragments inside Murry’s white Dodge Challenger, glass at the scene consistent with the vehicle’s passenger window, blood-like stains in the passenger area, and a shirt from Murry’s trunk that yielded single-source human DNA consistent with Ward.
- Murry gave inconsistent explanations about when and how his vehicle’s window was broken; he was arrested in Arkansas and transported back to Mississippi, where his pretrial statements were used to impeach his trial testimony.
- A Lowndes County jury convicted Murry of first-degree murder; he was sentenced to life and appealed, arguing prosecutorial misconduct (cross-examination and closing), improper admission of gruesome photographs, and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Murry) | Held |
|---|---|---|---|
| Prosecutorial misconduct — cross-examination invoking religion | The DA’s religiously framed question was a permissible effort to elicit a confession and did not prejudice the defendant. | The DA improperly injected religion and demanded a confession, creating prejudice. | No plain error: isolated comment similar to Turner was not shown to cause manifest miscarriage of justice. |
| Prosecutorial misconduct — burden-shift in closing | Closing emphasized weaknesses in defendant’s story; jury instructions correctly stated burden of proof and cured any improper implication. | DA shifted burden to defendant and improperly vouched he only prosecutes guilty people. | No reversible error: court’s instructions cured any improper burden-shift or opinion remark. |
| Prosecutorial misconduct — send-a-message/do-your-duty closing | Argues public safety and accountability themes were proper rhetorical argument tied to evidence and duty to apply law. | Statements urging jury to “do your duty” and to send a message were inflammatory and improper. | Remarks were improper (contrary to Young/Jackson) but harmless beyond a reasonable doubt given substantial evidence. No reversal. |
| Admission of gruesome photographs | Photos were relevant to identity, decomposition/timing, and cause/path of death; probative value outweighed prejudice. | Photographs were gruesome, unnecessary, and intended to inflame the jury. | No plain error: photos had probative value and meaningful evidentiary purpose; admission affirmed. |
| Ineffective assistance of counsel | N/A (State did not concede record adequacy). | Counsel failed to object to photographs and closing, and inadequately advised Murry about testifying. | Claim preserved for post-conviction relief; record on direct appeal insufficient to resolve ineffective-assistance claim. |
Key Cases Cited
- Brisco v. State, 295 So. 3d 498 (Miss. Ct. App. 2019) (failure to object at trial waives appellate review except for plain error)
- Wilson v. State, 276 So. 3d 1241 (Miss. Ct. App. 2018) (plain-error standard for preserved evidence issues)
- Hearns v. State, 313 So. 3d 533 (Miss. Ct. App. 2021) (prosecutorial comments reversible only if they create unjust prejudice influencing verdict)
- Turner v. State, 573 So. 2d 657 (Miss. 1990) (distinguishing permissible religious references at trial from impermissible custodial interrogation tactics)
- Brewer v. Williams, 430 U.S. 387 (U.S. 1977) (condemning religiously framed custodial statements used to elicit confession)
- Jackson v. State, 174 So. 3d 232 (Miss. 2015) (send-a-message/do-your-duty arguments are improper and may require cure)
- Young v. United States, 470 U.S. 1 (U.S. 1985) (prosecutorial pressure urging jury to do its job is improper)
- Mosley v. State, 307 So. 3d 1261 (Miss. Ct. App. 2020) (gruesome photographs admissible if probative and serving evidentiary purpose)
- Beasley v. State, 136 So. 3d 393 (Miss. 2014) (plain-error/miscarriage-of-justice standard)