Maxwell v. State
| Docket Number: | 2001-KA-01583-COA Linked Case(s): 2001-CT-01583-SCT ; 2001-KA-01583-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-29-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder & Shooting into a dwelling - Lesser-included offense instruction - Ineffective assistance of counsel - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-23-2001 Appealed from: Lincoln County Circuit Court Judge: Keith Starrett Disposition: DEFENDANT FOUND GUILTY OF COUNT I - MURDER: SENTENCED TO A TERM OF LIFE IN THE CUSTODY OF THE MDOC AND COUNT II - SHOOTING INTO DWELLING HOUSE: SENTENCED TO SERVE A TERM OF 10 YEARS; COUNTS I AND II RUNNING CONCURRENTLY. DEFENDANT ORDERED TO PAY COURT COSTS, RESTITUTION TO THE CRIME VICTIM’S COMPENSATION FUND IN THE AMOUNT OF $3,365 FOR FUNERAL EXPENSES, AND $500 ATTORNEY’S FEES District Attorney: J. Daniel Smith Case Number: 00-205-KS |
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| Party Name: | Attorney Name: | |||
| Appellant: | Roosevelt Maxwell a/k/a Roosevelt Maxwell, Jr. |
JASON E. TATE |
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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: | Murder & Shooting into a dwelling - Lesser-included offense instruction - Ineffective assistance of counsel - Sufficiency of evidence |
| Summary of the Facts: | Roosevelt Maxwell was convicted on charges of murder and shooting into a dwelling. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Lesser-included offense instruction Maxwell argues that the court erred by refusing to grant his requested lesser-included offense jury instruction for manslaughter, even though he voluntarily refused to allow the manslaughter instruction to be submitted. Where defense counsel's objection to a manslaughter instruction is part of trial strategy, the mere fact that there was sufficient evidence on the record to support the manslaughter instruction does not require reversal. The court in this case properly refused to give an instruction on the lesser-included offense of manslaughter since Maxwell and his counsel objected to the instruction. Issue 2: Ineffective assistance of counsel Maxwell argues that his attorney’s assistance was deficient because she failed to request a manslaughter instruction and because she failed to make a Miranda objection regarding Maxwell’s incriminating statement. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. Counsel's choice of whether or not to file certain motions, call witnesses, ask certain questions, or make certain objections fall within the ambit of trial strategy and cannot give rise to an ineffective assistance of counsel claim. Maxwell himself made the determination that a manslaughter instruction should not be requested, and that decision was purely strategic. With regard to Maxwell’s statement, Maxwell volunteered the statement and therefore, there was no basis for a Miranda challenge. Issue 3: Sufficiency of evidence Maxwell argues that the evidence is insufficient. However, several eyewitnesses testified that Maxwell had killed the victim and a forensic scientist testified that Maxwell had been in the environment of a discharged weapon. This was sufficient evidence. |
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