Holliman v. State
| Docket Number: | 2010-KA-00397-SCT Linked Case(s): 2010-KA-00397-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 12-01-2011 Opinion Author: King, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Murder - Golden-rule argument Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-04-2009 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: Appellant was convicted of murder and sentenced to life. Case Number: 2009-0112CR1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Brian Holliman |
STEVEN E. FARESE, SR. |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY SCOTT STUART |
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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: | Murder - Golden-rule argument |
| Summary of the Facts: | Brian Holliman was convicted of murder and sentenced to life. He appeals. |
| Summary of Opinion Analysis: | Brian argues that the trial court erred in allowing the prosecution, over objection, to make an impermissible golden-rule argument to the jury. A golden-rule argument, in which an attorney asks the jurors to put themselves in the place of one of the parties, is prohibited. In this case, the prosecutor erred in repeatedly asking the jurors how they would feel to have a loaded shotgun pointed in their faces. The prosecutor essentially requested that each juror put himself or herself in the place of the victim during the fatal altercation, which was an egregious display of prosecutorial misconduct. The trial court erred in overruling both objections from Brian’s counsel. Thus, the judgment of the trial court is reversed and the case remanded for a new trial. |
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