Derrick Nelson a/k/a Derrick Demetrius Nelson v. State of Mississippi

Summary

The Supreme Court of Mississippi reversed the Court of Appeals and reinstated and affirmed Derrick Nelson’s murder conviction and life sentence. The court held that the record did not support an imperfect self-defense jury instruction. It also concluded that the prosecutor’s closing-argument comments did not improperly comment on Nelson’s right to remain silent.

Holdings

1. A defendant is not entitled to an imperfect self-defense instruction when the record contains no evidence from which the jury could find that the defendant killed intentionally but without malice under a bona fide, though objectively unfounded, belief that killing was necessary to prevent death or great bodily harm.
2. Comments that address the defense's failure to call other witnesses, rather than the defendant's failure to testify, do not constitute a comment on the defendant's right to remain silent.
3. The evidence was sufficient to support Nelson's first-degree murder conviction and life sentence.

Questions Presented

1. Whether the trial court abused its discretion by refusing to give an imperfect self-defense jury instruction.
2. Whether the prosecutor's closing-argument comments about witnesses who did not testify deprived Nelson of a fair trial by commenting on his decision not to testify.
3. Whether the evidence was sufficient to support Nelson's first-degree murder conviction.

Disposition

reversed