ineffective assistance claim in Mississippi

2026To prevail on an ineffective assistance claim, the defendant must show both (1) “that counsel’s performance was deficient”—i.e., “that counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment”—and (2) that he was prejudiced as a result—i.e., “that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.” Strickland v. Washington, 466 U.S. 668, 687 (1984).

2025To prevail on an ineffective assistance claim, Rice must show both (1) “that counsel’s performance was deficient”—i.e., “that counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment”—and (2) that he was prejudiced as a result—i.e., “that counsel’s errors were so serious as to deprive 7 the defendant of a fair trial, a trial whose result is reliable.” Strickland v. Washington, 466 U.S. 668, 687 (1984).

2012“This Court will reach the merits on an ineffective assistance claim only in instances where ‘(1) the record affirmatively shows ineffectiveness of constitutional dimensions, or (2) the parties stipulate that the record is adequate to allow the appellate court to make the finding without consideration of the findings of fact of the trial judge.’ ” Id. (quoting Wileher v. State, 863 So.2d 776, 825 (¶ 171) (Miss. 2003)).

2010This Court will reach the merits of an ineffective-assistance claim only in instances where: “(1) the record affirmatively shows ineffectiveness of constitutional dimensions, or (2) the parties stipulate that the record is adequate to allow the appellate court to make the finding without consideration of the findings of fact of the trial judge.” Wilcher, 863 So.2d at 825 (¶ 171) (citations omitted).

2023Feb. 26, 2020) (order) (emphasis added); see also Chapman v. State, 167 So. 3d 1170, 1174 (¶12) (Miss. 2015) (stating that an ineffective assistance claim was excepted from the procedural bars due to that case’s “extraordinary circumstances”). ¶38.

2021Feb. 26, 2020) (order) (emphasis added) (citing Chapman v. State, 167 So. 3d 1170, 1174-75 (¶¶12-13) (Miss. 2015) (holding that the movant’s ineffective assistance claim was excepted from the successive-motions bar and the statute of limitations based on a confluence of “extraordinary circumstances”); Bevill v. State, 669 So. 2d 14, 17 (Miss. 1996); Brown v. State, 187 So. 3d 667, 671 (Miss.

2018As such, this Court will reach the merits of an ineffective-assistance claim only in instances where: "(1) the record affirmatively shows ineffectiveness of constitutional dimensions, or (2) the parties stipulate that the record is adequate to allow the appellate court to make the finding without consideration of the findings of fact of the trial judge." Id.

2013M.R.A.P. 22(b); see Aguilar v. State, 847 So.2d 871, 878 (¶17) (Miss.Ct.App.2002) (citation omitted) (noting that it is “unusual” to address an ineffective-assistance claim on direct appeal because “we are limited to the trial court record in our review of the claim and there is usually insufficient evidence within the record to evaluate the claim”). ¶ 19.

2025An ineffective-assistance claim will only be addressed on direct appeal where (1) “the record affirmatively shows ineffectiveness of constitutional dimensions,” or (2) “the parties stipulate that the record is adequate and the Court determines that findings of fact by a trial judge able to consider the demeanor of witnesses, etc., are not needed.” Id. (quoting Read v. State, 430 So. 2d 832, 841 (Miss. 1983)).

2016When an ineffective-assistance claim is raised on direct appeal, Read v. State, 430 So.2d 832, 841 (Miss.1983), “requires that the inquiry ,. be confined strictly to the record.” Colenburg v. State, 735 So.2d 1099, 1102 (¶ 6) (Miss.Ct.App.1999).

2004Leatherwood v. State, 473 So.2d 964, 970 (Miss.1985).

1989NOTES [1] See Leatherwood v. State, 435 So.2d 645 (Miss. 1983) ( Leatherwood I ). [2] See Leatherwood v. State, 473 So.2d 964 (Miss. 1985) ( Leatherwood II ), (Only the ineffective assistance claim was considered by the court, the others being res judicata, or otherwise procedurally barred). [3] Michael Dale Leatherwood is represented here by different counsel. [4] Per Miss.

2019Archer v. State, 986 So. 2d 951, 955 (¶16) (Miss. 2008).

2016Archer v. State, 986 So. 2d 951, 955 (¶ 15) (Miss. 2008).

2023Pace, 242 So. 3d at 118 (¶31) (finding that counsel’s failure to file a motion challenging the weight and sufficiency of the evidence “constituted deficient performance” but rejecting defendant’s ineffective-assistance claim when he did not “show[] that any prejudice resulted from the failure . . . because . . . there is no reasonable probability that either motion would have been granted”); Parker, 30 So. 3d at 1235 (¶49) (rejecting defendant’s ineffective-assistance claim when “[e]ven though the trial counsel’s failure to move for a new trial constituted deficient performance,” the defendant

2019See id. at (¶36) & n.6.

2016When an ineffective-assistance claim is raised on direct appeal, Read v. State, 430 So.2d 832, 841 (Miss.1983), “requires that the inquiry ,. be confined strictly to the record.” Colenburg v. State, 735 So.2d 1099, 1102 (¶ 6) (Miss.Ct.App.1999).

2004However, on direct appeal, Mississippi appellate courts are limited in their review to the record of the trial court, so addressing the merits of an ineffective assistance claim “requires that (1) the record affirmatively show ineffectiveness of constitutional dimensions, or (2) the parties stipulate that the record is adequate to allow the appellate court to make the finding without consideration of the findings of fact of the trial judge.” Colenburg v. State, 735 So.2d 1099, 1101 (¶ 5) (Miss.Ct.App.1999). ¶ 11.

2016“Pursuant to Strickland, there is a strong presumption that counsel’s performance falls within the range of reasonable professional assistance.” Hooghe v. State, 138 So.3d 240, 247 (¶ 31) (Miss.

2015“Pursuant to Strickland, there is a strong presumption that counsel’s performance falls within the range of reasonable professional assistance.” Hooghe v. State, 138 So.3d 240, 247 (¶ 31) (Miss.Ct.App.2014) (citing Strickland, 466 U.S. at 689 , 104 S.Ct. 2052 ). ¶ 17.

2019In Berry , the United States Court of Appeals for the Fifth Circuit said that, under Strickland , "the fact that an attorney used drugs is not, in and of itself , relevant to an ineffective assistance claim." Berry , 765 F.2d at 454 (emphasis in original).

2019Berry , 765 F.2d at 454 ; see also Smith v. Ylst , 826 F.2d 872 , 876 (9th Cir. 1987) (holding mental illness is not ineffective assistance per se); Burnett v. Collins , 982 F.2d 922 , 930 (5th Cir. 1993) (holding attorney's alcohol abuse alone did not render him ineffective); Buckelew v. United States , 575 F.2d 515 , 520-21 (5th Cir. 1978) (rejecting the appellants' ineffective-assistance claim based on counsel's age and poor health because no prejudice was shown); United States v. Eyman , 313 F.3d 741 , 743 (2d Cir. 2002) (citations omitted) ("In order to assert a claim based on ineffective

2023Pace, 242 So. 3d at 118 (¶31) (finding that counsel’s failure to file a motion challenging the weight and sufficiency of the evidence “constituted deficient performance” but rejecting defendant’s ineffective-assistance claim when he did not “show[] that any prejudice resulted from the failure . . . because . . . there is no reasonable probability that either motion would have been granted”); Parker, 30 So. 3d at 1235 (¶49) (rejecting defendant’s ineffective-assistance claim when “[e]ven though the trial counsel’s failure to move for a new trial constituted deficient performance,” the defendant

2018See Giles , 187 So.3d at 121 (¶ 14).

2021Ct. App. 2012) (quoting Clark v. State, 54 So. 3d 304, 308 (¶13) (Miss.

2012The “specificity” necessary to establish an ineffective-assistance claim “requires more than a party’s own affidavit or mere assertions made within his brief.” Clark v. State, 54 So.3d 304, 308 (¶ 13) (Miss.Ct.App.2011) (citing Vielee v. State, 653 So.2d 920, 922 (Miss.1995)).

2020See also Holly v. State, 716 So. 2d 979, 989 (¶ 37) (Miss. 1998) (“This Court looks at the totality of circumstances to determine whether counsel’s efforts were both deficient and prejudicial.” (citing Carney v. State, 525 So. 2d 776, 780 (Miss. 1988); Read [v. State], 430 So. 2d [832, 839 (Miss. 1983)])).

2017The substantive standard of review for an ineffective-assistance claim is twofold: “In order to prevail on a claim of ineffective assistance of counsel, a defendant must prove that his attorney’s performance was deficient, and that the deficiency was so substantial as to deprive the defendant of a fair trial.” Holly v. State, 716 So.2d 979, 989 (Miss.1998) (citing Strickland v. Washington, 466 U.S. 668, 687-96 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); Wilcher v. State, 479 So.2d 710, 713 (Miss. 1985); Stringer v. State, 454 So.2d 468, 477 (Miss. 1984)).

2009Cole v. State, 666 So.2d 767, 777 (Miss.1995) (citing Mu rray v. Maggio, 736 F.2d 279 (5th Cir.1984)).

2009Cole v. State, 666 So.2d 767, 777 (Miss.1995) (citing Murray v. Maggio, 736 F.2d 279 (5th Cir.1984)).

2003Although complaints of uncalled witnesses are typically not favored since presentation of testimony is generally a matter of trial strategy, Boyd v. Estelle, 661 F.2d 388, 390 (5th Cir.1981), the failure to call available witnesses on critical issues is a factor to be considered in analyzing an ineffective assistance claim.

2000Although complaints of uncalled witnesses are typically not favored since presentation of 78 testimony is generally a matter of trial strategy, Boyd v. Estelle, 661 F.2d 388, 390 (5th Cir.1981), the failure to call available witnesses on critical issues is a factor to be considered in analyzing an ineffective assistance claim.

2003"While there might have been a more artful way to pursue this strategy, it was a legitimate strategy and thus, is not grounds for an ineffective assistance claim." Powell v. State, 806 So.2d 1069, 1077 (Miss.2001).

1994Johnson v. State, 476 So.2d 1195, 1204 (Miss. 1985); Washington v. State, 620 So.2d 966 (Miss. 1993)."While there might have been a more artful way to pursue this strategy, it was a legitimate strategy and thus, is not grounds for an ineffective assistance claim." Powell v. State, 806 So.2d 1069, 1077 (Miss. 2001).

2001The State correctly notes that the "[f]ailure to raise meritless objections is not ineffective lawyering." Clark v. Collins, 19 F.3d 959, 966 (5th Cir.1994).

1995The State correctly notes that the "[f]ailure to raise meritless objections is not ineffective lawyering." Clark v. Collins, 19 F.3d 959, 966 (5th Cir. 1994).

1999Trial counsel will be presumed competent for the purposes of an ineffective assistance claim, and in order to overcome this presumption, the defendant "must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of his trial would have been different." Henley v. State, 729 So.2d at 241 ( citing Drennan v. State, 695 So.2d 581, 586 (Miss.1997) ( quoting Schmitt v. State, 560 So.2d 148, 154 (Miss.1990))).

1997Trial counsel will be presumed competent for the purposes of an ineffective assistance claim, and in order to overcome this presumption, the defendant ''must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of his trial would have been different." Henley v. State, 729 So.2d at 241 (citing Drennan v. State, 695 So.2d 581, 586 (Miss.1997) (quoting Schmitt v. State, 560 So.2d 148, 154 (Miss.1990)).

1999Trial counsel will be presumed competent for the purposes of an ineffective assistance claim, and in order to overcome this presumption, the defendant "must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of his trial would have been different." Henley v. State, 729 So.2d at 241 ( citing Drennan v. State, 695 So.2d 581, 586 (Miss.1997) ( quoting Schmitt v. State, 560 So.2d 148, 154 (Miss.1990))).

1997Trial counsel will be presumed competent for the purposes of an ineffective assistance claim, and in order to overcome this presumption, the defendant ''must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of his trial would have been different." Henley v. State, 729 So.2d at 241 (citing Drennan v. State, 695 So.2d 581, 586 (Miss.1997) (quoting Schmitt v. State, 560 So.2d 148, 154 (Miss.1990)).

2021Feb. 26, 2020) (order) (emphasis added) (citing Chapman v. State, 167 So. 3d 1170, 1174-75 (¶¶12-13) (Miss. 2015) (holding that the movant’s ineffective assistance claim was excepted from the successive-motions bar and the statute of limitations based on a confluence of “extraordinary circumstances”); Bevill v. State, 669 So. 2d 14, 17 (Miss. 1996); Brown v. State, 187 So. 3d 667, 671 (Miss.

2019In determining whether that claim was barred, the Court of Appeals cited Chapman as an instance in which this Court had excepted an ineffective-assistance claim from the procedural bars due to "trial counsel's failure 'to ensure [the] defendant c[ould] adequately appeal his conviction.' " Brown , 187 So.3d at 671 (citing Chapman , 167 So.3d at 1173-74 ).

2021Chapman, 167 So. 3d at 1174–75; Bevill, 669 So. 2d at 17 ; Brown, 187 So. 3d at 671 .

2021Feb. 26, 2020) (order) (emphasis added) (citing Chapman v. State, 167 So. 3d 1170, 1174-75 (¶¶12-13) (Miss. 2015) (holding that the movant’s ineffective assistance claim was excepted from the successive-motions bar and the statute of limitations based on a confluence of “extraordinary circumstances”); Bevill v. State, 669 So. 2d 14, 17 (Miss. 1996); Brown v. State, 187 So. 3d 667, 671 (Miss.

2018For an ineffective-assistance claim, the context of counsel's actions are carefully reviewed, and "where reasonable under the circumstances, we presume the 'decisions were sound trial strategy.' " Sea v. State , 49 So.3d 614 , 617 (¶ 12) (Miss. 2010) (quoting Johnson v. State , 29 So.3d 738 , 745 (¶ 20) (Miss. 2009) ).

2018For an ineffective-assistance claim, the context of counsel's actions are carefully reviewed, and "where reasonable under the circumstances, we presume the 'decisions were sound trial strategy.' " Sea v. State , 49 So.3d 614 , 617 (¶ 12) (Miss. 2010) (quoting Johnson v. State , 29 So.3d 738 , 745 (¶ 20) (Miss. 2009) ).

2025An ineffective-assistance claim will only be addressed on direct appeal where (1) “the record affirmatively shows ineffectiveness of constitutional dimensions,” or (2) “the parties stipulate that the record is adequate and the Court determines that findings of fact by a trial judge able to consider the demeanor of witnesses, etc., are not needed.” Id. (quoting Read v. State, 430 So. 2d 832, 841 (Miss. 1983)).

2023To prevail on an ineffective-assistance claim, “a defendant must prove that his attorney’s performance was deficient,” Dartez v. State, 177 So. 3d 420, 423 (¶19) (Miss. 2015), and “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.

1999Trial counsel will be presumed competent for the purposes of an ineffective assistance claim, and in order to overcome this presumption, the defendant "must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of his trial would have been different." Henley v. State, 729 So.2d at 241 ( citing Drennan v. State, 695 So.2d 581, 586 (Miss.1997) ( quoting Schmitt v. State, 560 So.2d 148, 154 (Miss.1990))).

1997Trial counsel will be presumed competent for the purposes of an ineffective assistance claim, and in order to overcome this presumption, the defendant ''must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of his trial would have been different." Henley v. State, 729 So.2d at 241 (citing Drennan v. State, 695 So.2d 581, 586 (Miss.1997) (quoting Schmitt v. State, 560 So.2d 148, 154 (Miss.1990)).