Jones v. State
Jones v. State
Opinion
The appellant, Kathryn Clarke Jones, was convicted of manslaughter, a violation of §
The state's evidence tended to show that, on February 14, 1990, the appellant was driving west on Interstate Highway 10 just east of the Dauphin Island Parkway in Mobile. Her vehicle struck the automobile of Alvin Hope from behind, killing him. When hit, the victim's automobile was parked in the emergency lane between the concrete dividing wall and the far left lane of traffic. The victim, who had been standing in front of the automobile, was fatally injured when his automobile lurched forward. Witnesses testified that the appellant had been driving erratically, that she had the scent of alcohol on her breath after the collision, and that there was an empty liquor bottle in her car. She was taken to a hospital where a blood test indicated the alcohol content of her blood was .294%.
The appellant contends that instances of prosecutorial misconduct during the state's closing argument prejudiced her and constituted reversible error.
Substantial prejudice must be shown to merit reversal.Twilley v. State,
First, the appellant argues that the prosecutor was guilty of misconduct when he stated during his closing argument that opposing counsel "objects to the air I breathe" (R. 201). She also contends that she was further prejudiced when the prosecutor *Page 425
criticized an objection that the appellant's counsel had made during trial (R. 200). Even though comments meant to demean the appellant's counsel are condemned by this court, Scroggins v.State,
The appellant also contends that the prosecutor violated the rule against stating his personal opinions and referring to matters that were not in evidence. He stated during his closing argument that the district attorney's office "went a long way to protect the rights" of the appellant (R. 196) and that on three separate occasions the appellant "chose to get drunk" (R.200, 202). While counsel is prohibited from stating personal opinions during closing arguments, King v. State,
Last, the appellant contends that the state was trying to convince the jury that she would commit the same crime in the future when he stated to the jury that, with a conviction, they would be taking "at least one more drunk off the street" (R. 199). When the appellant objected to the prosecutor's comment at trial, the circuit court sustained the objection. There is therefore no adverse ruling from which the appellant could attempt to predicate error. Yates v. State,
The judgment in this case is due to be, and it is hereby, affirmed.
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Kathryn Clarke Jones v. State.
- Cited By
- 6 cases
- Status
- Published