Ex Parte Purser

We granted James Allen Purser's petition for a writ of certiorari to determine whether the Court of Criminal Appeals erred in affirming Purser's conviction, 607 So.2d 298, despite the trial court's failure to grant Purser a mistrial after Purser objected to a comment made by the prosecutor during opening statements. Purser argues that the prosecutor's comment was a comment on whether Purser would testify and thus that it violated Ala. Code 1975, § 12-21-220.

Purser was convicted for the murder of Mark Pollard and the attempted murder of Karen Denise Purser, his estranged wife. During the…