Bridgeforth v. State

498 So. 2d 796
CourtMississippi Supreme Court
DecidedNovember 19, 1986
Docket55993
StatusPublished
Cited by48 cases

This text of 498 So. 2d 796 (Bridgeforth v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bridgeforth v. State, 498 So. 2d 796 (Mich. 1986).

Opinion

498 So.2d 796 (1986)

Alonzo BRIDGEFORTH
v.
STATE of Mississippi.

No. 55993.

Supreme Court of Mississippi.

November 19, 1986.

Jack R. Jones, III, Taylor, Jones, Alexander, Greenlee, Seale & Ryan, Southaven, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by John H. Emfinger, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before WALKER, C.J., and DAN M. LEE and SULLIVAN, JJ.

SULLIVAN, Justice, for the Court:

Alonzo Bridgeforth was convicted in the Circuit Court of DeSoto County of the crime of armed robbery and sentenced to life in the custody of the Department of Corrections. From this conviction and sentence he appeals to this Court.

The prosecution's case was based primarily upon the testimony of Joe Dean Felix, an admitted accomplice who was granted immunity in return for his testimony.

According to Felix, Alonzo Bridgeforth, Tony L. Bobo, Manuel Bridgeforth, and Felix planned to rob a store. Felix showed the others a place they could rob, the store of Mr. and Mrs. C.C. Crisp on Highway *797 # 301 in DeSoto County, Mississippi. Felix then separated himself from the other three and with Bridgeforth driving, the other three drove away in a light blue Ford Torino.

C.C. Crisp testified that two black males robbed his store and in the course of the robbery a gun fight broke out between the two Crisps and the two black males. Neither of the males who entered the store was Alonzo Bridgeforth. Crisp testified that one of the robbers was waiting in the car and that he was able to see the car as it drove away toward Memphis. He described it as a light looking car. The car, along with the pistol taken during the course of the robbery, was later located in Memphis.

Two Memphis detectives ascertained the names of three individuals who committed the robbery in Mississippi. Bridgeforth was arrested in Tennessee and later extradicted to Mississippi.

After the State rested its case, Bridgeforth's attorney moved to exclude the evidence and to direct a verdict of not guilty. When this was denied and at the conclusion of all the evidence, Bridgeforth's attorney filed motions for a new trial and for a judgment non obstante veredicto. Both of these motions were denied as well.

I.

DID THE TRIAL COURT ERR IN OVERRULING BRIDGEFORTH'S OBJECTIONS AND MOTIONS FOR A MISTRIAL IN RESPONSE TO IMPROPER REMARKS MADE BY THE PROSECUTOR CONCERNING BRIDGEFORTH'S RIGHT NOT TO TESTIFY?

The voir dire of the assistant district attorney made the following statement to the venire:

Now I want you all to understand that this trial will not be like the ones you see on TV. So don't expect anyone to jump up in the back of the courtroom and admit to committing the crime. I don't expect that to happen any more than I expect the defendant to confess committing the crime.

In his closing argument the same assistant district attorney said:

In other words, normal, respectable citizens of DeSoto County or Shelby County don't know what Alonzo Bridgeforth, Jr., does. He doesn't tell the good folks what he does. He tells other crooks just like .. .

Bridgeforth objected to the statement made on voir dire as improper comment on his right not to testify and also moved to quash the jury panel or in the alternative for a mistrial. This objection and motion were overruled. Bridgeforth also objected and moved for a mistrial on the ground that the statement was an improper comment on his right to remain silent when the assistant district attorney made his closing argument. This objection and motion were also overruled.

Mississippi Code Annotated, § 13-1-9 (1972), says "The accused shall be a competent witness for himself in any prosecution for crime against him. The failure of the accused, in any case, to testify shall not however operate to his prejudice or be commented on by counsel." (Emphasis added.) This statute was cited as far back as 1893 in the case of Yarbrough v. State, 70 Miss. 593, 12 So. 551 (1893), in which this Court stated:

The word "comment", as employed in the statute, does not mean to criticize or condemn or anathematize the accused on his failure to testify. It forbids, in unmistakable language, any comment, friendly or unfriendly. It forbids any remark, of any character, in any words, upon the failure of the accused to testify. The attention of the jury is not to be called to the fact at all by counsel.

Yarbrough, 70 Miss. at 594, 12 So. 551. (Emphasis added.)

In Wilson v. State, 433 So.2d 1142 (Miss. 1983), we found that based on a special bill of exceptions signed by the trial judge, the prosecutor in response to a previous argument made by defense counsel, stated:

*798 That Mr. Vollor referred to all the things the State didn't do and could have done. But what about the things Mr. Vollor didn't do. Where was the explanation as to where the TV and radio came from.

Wilson at 1145.

The defendant in that case did not testify and the defense counsel objected to the above remarks. The objection was overruled but the judge did instruct the jury to disregard the argument made by the district attorney. In speaking to that action this Court in Wilson said:

The trial judge recognized that the district attorney's statement was a comment on the appellant's failure to testify. District attorneys must not directly, or by innuendo and insinuation, comment on a defendant's not testifying. Any person competent to be a prosecuting attorney knows that elementary principle of law. If a prosecuting attorney, who is presumed to know better, persists in making erroneous and prejudicial remarks in his argument before the jury, then the trial court should deal harshly with him to the extent of sanctions, reprimands and contempt. This Court will not look for some reason to excuse such action of a prosecuting attorney, even though a new trial would be expensive to the people of the county. Such expense, fault and blame should be placed at the door of the person who is repsonsible for it.

Wilson at 1146.

Our recent case of West v. State, 485 So.2d 681 (Miss. 1985), is a helpful example of the limits to which this Court will go to enforce the legislative command that no comment shall be made upon a defendant's failure to testify in a criminal case. In West, we said that the "prosecution did come perilously close to the borderline of prejudicial argument" in his opening statement. West at 688. We found, however, that at that point, the trial judge was correct in overruling the motion for a mistrial, but when it became necessary for defense counsel to explain what he viewed as a comment by the State on his client's failure to testify in his own defense we found that the constitutional rights of West were violated. West at 686, 687.

In Young v. State, 420 So.2d 1055 (Miss. 1982), we found that a comment by a prosecutor in closing argument that he was sure that the defendant knew where the other half of the money was, was not a comment on the defendant's failure to testify. However, when a prosecutor's statement can reasonably be construed by a jury as a comment on the defendant's failure to testify, "then it would be immaterial that the attorney intended to refer to a situation other than the trial-in-chief." Davis v. State, 406 So.2d 795, 801 (Miss. 1981), citing Reddick v. State, 72 Miss. 1008, 16 So. 490 (1895).

In Hines v. State, 339 So.2d 56 (Miss.

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Bluebook (online)
498 So. 2d 796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridgeforth-v-state-miss-1986.