Armis E. Hawkins

The case involved Michael Lee Triplett's appeal of his manslaughter conviction and twenty-year sentence from the Winston County Circuit Court, based on a claim of ineffective assistance of counsel. The Mississippi Supreme Court reversed the conviction, holding that Triplett was denied his Sixth Amendment right to effective counsel, which is incorporated against the states and embraced by the Mississippi Constitution. The court's reasoning centered on multiple deficiencies by defense counsel, including failures to properly preserve Batson challenges by ensuring the record documented juror demographics, inadequate cross-examination of witnesses, and other errors that fell below professional standards and prejudiced the defense under the Strickland test.

criminal lawprocedurecivil rights

In Hill v. State, the Mississippi Supreme Court addressed Alvin Hill's third application for post-conviction relief from his 1980 capital murder conviction and death sentence, which had been affirmed on direct appeal and in prior proceedings. The court denied relief regarding the guilt phase, finding that claims about lesser-included offense instructions were barred by res judicata, successive writ rules, and statutes of limitations under state law. On the sentencing phase, however, the court granted relief and vacated the death sentence because the jury had been instructed on the unconstitutionally vague "especially heinous, atrocious or cruel" aggravating factor without a limiting definition, as required by intervening U.S. Supreme Court precedent, and state law precluded the court from reweighing factors or conducting harmless error review. The case was remanded to the Circuit Court of DeSoto County for a new sentencing hearing.

criminal lawprocedure

Edward Reynolds was indicted, tried by jury, and convicted of selling crack cocaine based on a police sting operation at a cafe, with conflicting testimony from officers, an informant, and the defendant about the transaction and arrest. The Mississippi Supreme Court affirmed the conviction, finding sufficient evidence supported the jury's verdict on the sale charge. However, it remanded the case for a new sentencing hearing due to procedural errors, including the state's failure to disclose certain information in advance under discovery rules and improper reliance on hearsay at sentencing. The court held that while hearsay is generally permissible at sentencing, the specific violations here required resentencing within the statutory limits.

criminal lawprocedure

The Mississippi Commission on Judicial Performance brought a disciplinary action against Justice Court Judge Johnny C. Hartzog, alleging multiple instances of misconduct including improperly notarizing a deed without the signatory present, issuing an order in a nonexistent case, and authorizing the removal of personal property absent any pending proceeding. After an agreed committee report and review, the Commission found violations of several Canons of the Code of Judicial Conduct and Mississippi Constitution § 177A, and recommended a public reprimand plus costs. The Supreme Court of Mississippi adopted the recommendation, holding that Hartzog's actions constituted willful misconduct in office and conduct prejudicial to the administration of justice. The Court reasoned that the judge failed to comply with legal requirements for acknowledgments and entered orders without any case or authority, citing prior precedents on judicial standards and mitigating factors such as lack of prior complaints or personal gain.

criminal lawprocedure

This case concerned attorney disciplinary proceedings against Jimmy D. McGuire after his federal felony conviction for filing a false currency reporting form. The Mississippi Bar sought indefinite suspension and eventual disbarment under Rule 6 of the Rules of Discipline, while McGuire moved to dismiss based on a statutory exception in Miss. Code Ann. § 73-3-339 for Internal Revenue Code violations. The court denied McGuire's motion to dismiss and the Bar's request for permanent disbarment, granted indefinite suspension pending appeal, and held that the Bar's disciplinary rules control over conflicting statutes because the court has exclusive jurisdiction over attorney discipline. It reasoned that Rule 6 requires suspension upon felony conviction (other than manslaughter) with disbarment only after appeals conclude without reversal.

criminal lawprocedure

The case involves Roger Eric Thorson's appeal of his conviction for capital murder and sentence to death in the 1987 killing of Gloria McKinney. The Mississippi Supreme Court reviewed the trial proceedings, including issues related to statements made by the defendant, evidence admissibility, and jury selection. With the exception of the circuit court's failure to require race-neutral explanations for the State's peremptory challenges against seven black venire members under Batson v. Kentucky, the court found no reversible error. It remanded the case for a Batson hearing on jury selection while affirming the conviction and sentence on all remaining issues.

criminal lawprocedurecivil rights