Mark Coleman v. John Murphy, Superintendent

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Petitioner appeals the May 26, 2017, order of the Circuit Court of Kanawha County that denied his habeas petition. Petitioner complains that his constitutional right against self-incrimination was violated when the prosecuting attorney commented on petitioner’s decision not to testify in her closing arguments; and when the court admitted the report of his court-ordered psychiatric evaluation, without following the procedure outlined in State v. Jackson, 171 W.Va. 329, 298 S.E.2d 866 (1982). Petitioner also complains that a jury instruction regarding the inference that may be drawn from the use of a firearm, impermissibly shifted the burden of proof, and that his trial and appellate counsel were ineffective for failing to object to the admission of 404(b) evidence and other evidence.