Cole v. StateAnnotate this Case
The Supreme Court affirmed Defendant’s conviction of theft, rendered after a jury trial. On appeal, Defendant argued that the prosecutor committed misconduct when he mentioned Defendant’s race during rebuttal closing arguments. Specifically, Defendant argued that, in doing so, the prosecutor attempted to appeal to the racial bias of the jury. The Supreme Court held (1) when the prosecutor commented on Defendant’s race, he was doing so in response to defense counsel’s suggestion that race was an issue; and (2) therefore, there was no prosecutorial misconduct committed in this case and no plain error committed by the trial court.