DeLoach v. State
| Docket Number: | 2001-KA-01490-COA Linked Case(s): 2001-CT-01490-SCT ; 2001-KA-01490-COA ; 2001-KA-01490-COA ; 2001-KA-01490-COA ; 2001-CT-01490-SCT ; 2001-CT-01490-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-13-2004 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-20-1997 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: GUILTY OF ARMED ROBBERY, SENTENCED TO 22 YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS District Attorney: Forrest Allgood Case Number: 96-574-CRl |
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| Party Name: | Attorney Name: | |||
| Appellant: | Robert Lee DeLoach |
CARRIE A. JOURDAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Armed robbery - Ineffective assistance of counsel |
| Summary of the Facts: | Robert DeLoach was convicted of armed robbery in 1997. He did not file a notice of appeal until 2001. The Court of Appeals dismissed the appeal as untimely, but the Supreme Court reversed and remanded for a decision on the merits. |
| Summary of Opinion Analysis: | DeLoach argues that he received ineffective assistance of counsel, because his trial counsel should have moved to have the eye-witness testimony of the store manager suppressed, should have ensured some of his relatives were in the courtroom to testify so that they could support his alibi, and should have ensured he was dressed in something other than his prison uniform. DeLoach's trial counsel made a request for discovery and disclosure prior to trial. During trial, she cross-examined the store owner as to her inability to identify DeLoach as the perpetrator until the morning of the trial. She questioned witnesses as to whether DeLoach had access to the truck used during the crime. She made objections during testimony and moved for a directed verdict at the conclusion of the State's case-in-chief. There was also an attempt to have family members testify on DeLoach's behalf. When the family failed to attend the courtroom proceedings, the attorney requested subpoenas for these witnesses. She called a barber to testify about DeLoach's appearance to compare his usual hairstyle with the description the store manager gave of the robber. Therefore, the performance by DeLoach's attorney does not fall to the level required for a finding of ineffective assistance. |
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