Powers v. State
| Docket Number: | 2001-DP-00474-SCT Linked Case(s): 2001-DP-00474-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 12-18-2003 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Death penalty - Attempted rape - Ineffective assistance of counsel - Proportionality analysis Judge(s) Concurring: Smith, P.J., Waller, Cobb and Easley, JJ. Non Participating Judge(s): Diaz and Graves, JJ. Dissenting Author : Graves, J. Dissenting Author : McRae, P.J. Dissent Joined By : Graves, J. Procedural History: Motion for Rehearing Nature of the Case: CRIMINAL - DEATH PENALTY - DIRECT APPEAL |
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| Trial Court: |
Date of Trial Judgment: 12-15-2000 Appealed from: Forrest County Circuit Court Judge: Richard W. McKenzie Disposition: Appellant was convicted of capital murder and sentenced to death. District Attorney: E. Lindsey Carter Case Number: 98-114-CR |
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| Party Name: | Attorney Name: | |||
| Appellant: | Stephen Elliot Powers |
MICHAEL ADELMAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JUDY T. MARTIN MARVIN L. WHITE, JR. |
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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: | Death penalty - Attempted rape - Ineffective assistance of counsel - Proportionality analysis |
| Summary of the Facts: | Stephen Powers was convicted of capital murder and sentenced to death. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Attempted rape Powers argues that the evidence did not support the underlying offense of attempted rape, because the charge of attempted rape is based purely on circumstantial evidence. The physical evidence clearly shows that there was an attempt and an direct ineffectual act performed toward the commission of rape. The sexually explicit position in which the victim’s body was found, coupled with Powers's admission that he shot her and left her in the position in which she was found, take this case outside the realm of circumstantial evidence. There was sufficient evidence to support the jury’s finding that Powers was guilty of attempted rape while in the commission of murder. Issue 2: Ineffective assistance of counsel Powers argues that he received ineffective assistance of counsel at various points in the proceedings. Powers argues his counsel made no effort to challenge the voluntariness of his statements, raised no issues of promises, threats, or inducements, nor challenged the mental or emotional state of Powers at the time. The record shows that trial counsel tried diligently to suppress the statements and/or to minimize their impact. He filed a motion to suppress and brought it up for hearing, reiterated his objections at trial, and raised the matter once again at the post-trial hearing. In addition, he presented a motion in limine to prevent the State from referring to the statement as “sworn”, a motion for the personnel records of the officers who were to testify for the State, and a motion for the written interrogation policies of the Hattiesburg Police Department. Counsel was persistent in his efforts to have Powers’s statements suppressed and thus cannot be held to have rendered ineffective assistance for being overruled on his persistent attempts to have suppressed a clearly voluntary and therefore admissible statement. Powers also argues that trial counsel was ineffective during jury selection for failing to raise a Batson challenge. There was not a Batson issue for trial counsel to raise. The record indicates race-neutral reasons for striking each of the six jurors at issue. Therefore, counsel could not have been ineffective. Powers also argues that trial counsel failed to combine elements which would have given Powers a plausible, coherent defense. Trial counsel contested the killing by developing the fact that Powers’s gun and bullets were not conclusively linked to the killing by forensic testing. This is an acceptable strategy regarding the charge of attempted rape, especially in light of Powers’s confession that he killed the victim and actually led the police to the gun. Therefore, trial counsel pursued a coherent defense. Powers also argues that trial counsel was ineffective for failing to move to have the capital murder charge reduced to manslaughter. Not only did trial counsel attempt twice to have the indictment quashed, but he also moved for a directed verdict after the State rested. Therefore, Powers’s claim is without merit. Powers argues that trial counsel was ineffective for failing to request lesser-included offense or lesser-offense instructions on murder or manslaughter. An instruction on the lesser-included offense of murder was submitted to the jury at the request of the State. Also, the court granted an instruction which gave the jury the option of finding Powers guilty of capital murder, of murder, or not guilty. Powers’s trial counsel cannot be held deficient in his performance for failure to submit a simple murder instruction since the judge had already granted an appropriately worded murder instruction submitted by the State. Powers also argues that trial counsel was deficient in failing to investigate and present mitigation evidence, give adequate closing arguments, and object to the two aggravating circumstances submitted by the State. The record shows that trial counsel personally interviewed family members and friends of Powers, the girlfriend of Powers’s brother, the officers involved, Powers’s mother, and Powers, and filed a list of eleven potential witnesses. As to trial counsel’s pursuit of mitigating factors such as Powers’s age, family background, lack of a criminal record, his work record, lack of education, or social and or psychological environment as a child, counsel’s testimony at the post-trial supplemental hearing indicated there was very little to be found relative to these factors. With regard to the attempted rape aggravator, counsel consistently argued that the evidence was not sufficient, that it was purely circumstantial, but was consistently overruled by the judge. Since the victim was shot five times in the head, the effectiveness of counsel for not objecting to the factor that this crime was especially heinous, atrocious or cruel is not constitutionally objectionable. Based on the record and the law, it is clear that trial counsel was effective in representing Powers. Issue 3: Proportionality review There is no evidence supporting a finding that the death sentence was imposed under the influence of passion, prejudice or any other arbitrary factor. The victim was found dead in a prone position with her legs spread open more than ninety degrees and nude from the waist down except for her wadded up shorts around her left ankle. She had defensive posturing wounds on her arm, hand and knee. She was shot five times in the head and the pathologist testified that the majority of the gunshot wounds would not have rendered the victim immediately unconscious. Upon comparison to other factually similar cases where the death sentence was imposed, the sentence of death is not disproportionate in this case. |
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