Coleman v. State
| Docket Number: | 2008-KA-02095-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-02-2010 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Felony murder - Continuance - Weight of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-30-2008 Appealed from: Jackson County Circuit Court Judge: Dale Harkey Disposition: CONVICTED OF FELONY MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Anthony N. Lawrence, III Case Number: 2008-10,665(3) |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | NATHANIEL LAVELL COLEMAN |
ERIN ELIZABETH PRIDGEN |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Felony murder - Continuance - Weight of evidence |
| Summary of the Facts: | Nathaniel Coleman was convicted of felony murder and was sentenced to life imprisonment. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Continuance Coleman argues that he was denied the right to effective assistance of counsel, because the trial judge’s refusal to continue the case beyond one day resulted in his attorney not having adequate time to prepare for trial. Coleman’s attorney was on notice of the trial date at least five weeks prior to trial. While Coleman’s attorney alleges that he needed additional time to research Mississippi’s felony-murder statute, he has offered no explanation as to why he could not have done so during the five weeks that he was on notice that his client would be tried for felony murder. Therefore, the trial judge did not abuse his discretion by granting Coleman a one-day continuance. Issue 2: Weight of evidence Coleman argues that the verdict is against the overwhelming weight of the evidence. Based on the admissions in Coleman’s statement to the police, it is clear that he actively participated in the attempted aggravated assault. Moreover, a witness placed Coleman at the scene of the shooting. In light of these facts, allowing Coleman’s conviction for felony murder to stand does not sanction an unconscionable injustice. |
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