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Coleman v. State

December 18, 1998

HENRY COLEMAN A/K/A HENRY E. COLEMAN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before McMILLIN, P.j., Coleman, Herring, And Payne, JJ.

The opinion of the court was delivered by: Herring, J.

DATE OF JUDGMENT: 03/25/97

TRIAL JUDGE: HON. GRAY EVANS

COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

TRIAL COURT DISPOSITION: PCR DENIED

DISPOSITION: AFFIRMED - 12/18/1998

¶1. On February 11, 1993, Henry Earl Coleman was convicted of aggravated assault in the Sunflower County Circuit Court and sentenced to a term of twenty years in the custody of the Mississippi Department of Corrections. On direct appeal, this Court held his assignments of error were without merit and affirmed his conviction. He then filed an "Application for Leave to File Motion for Post Conviction Relief to Vacate and Set Aside Conviction and Sentence" which the Supreme Court of Mississippi granted on February 21, 1997. His motion for post- conviction relief was denied by the Circuit Court of Sunflower County on March 25, 1997. Coleman appeals the order of the Sunflower County Circuit Court to this Court pro se on a motion for post-conviction relief. In his brief, he asserts similar assignments of error to those which he originally raised on direct appeal to this Court. We find that these issues are procedurally barred and therefore affirm the decision of the trial court.

A. THE FACTS

¶2. Henry Earl Coleman shot James Earl Franklin in the back of the leg on a public street in Indianola, Mississippi, after the two men had engaged in an argument. The argument arose when Coleman's automobile was struck by a beer bottle, and he exited his vehicle to determine who had thrown the bottle. Some bystanders informed Coleman that it was Franklin who had thrown the bottle, and upon confronting Franklin an argument ensued. It is undisputed that Coleman shot Franklin in the leg. However, some witnesses testified that Coleman acted in self- defense, while others testified that Franklin was running away from Coleman at the time of the shooting.

¶3. Coleman was indicted in June of 1992 on charges of aggravated assault against James Earl Franklin. On February 11, 1993, he was convicted and sentenced to serve a term of twenty years in the custody of the Mississippi Department of Corrections. His conviction and sentence were affirmed by this Court on direct appeal on April 4, 1995. Thereafter, on February 27, 1997, he petitioned the Sunflower County Circuit Court for post-conviction relief but his request was denied on March 25, 1997. He now appeals from the order of the Sunflower County Circuit Court denying his motion for post-conviction relief.

B. THE ISSUES

¶4. Coleman raises the following issues which are taken verbatim from his brief:

I. APPELLANT WAS DENIED HIS CONSTITUTIONAL RIGHT TO A FAIR AND IMPARTIAL JURY TRIAL AS WAS GUARANTEED TO HIM UNDER THE SIXTH AND FOURTEENTH AMENDMENTS OF THE U.S. CONSTITUTION; AND ARTICLE (3) SECTION (26) OF THE MISSISSIPPI CONSTITUTION (1890), WHEN THE TRIAL COURT ALLOWED THE STATE TO PRESENT A REBUTTAL WITNESS ...


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