Hancock v. State
| Docket Number: | 2005-KP-01569-COA Linked Case(s): 2005-KP-01569-COA ; 2005-CT-01569-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-06-2007 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Jury instruction - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 06-23-2005 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: FOUND GUILTY OF ARMED ROBBERY AND SENTENCED TO TWENTY FIVE YEARS IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: CONO A. CARANNA, II Case Number: B2401-04-00511 |
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| Party Name: | Attorney Name: | |||
| Appellant: | DON FREDERICK HANCOCK, JR. |
DON FREDERICK HANCOCK, JR. (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN TERRELL MARTIN |
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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 - Jury instruction - Ineffective assistance of counsel |
| Summary of the Facts: | Don Hancock, Jr. was convicted as a habitual offender for the crime of armed robbery. He was sentenced to twenty-five years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Jury instruction Hancock argues that the court improperly gave an instruction which spoke to the weight of the evidence and implied that a gun was unimportant to the State’s case. Generally, the trial court should not comment on specific evidence, or the weight of said evidence, in the instructions given to the jury. The instruction at issue has been deemed an impermissible comment on the evidence, and, as such, the trial court erred in allowing the instruction over objection. However, the error is harmless because the jury was presented with direct, uncontradicted testimony from the bank teller that the robber had a gun during the robbery. Furthermore, evidence of Hancock’s participation in the crime was substantial. Issue 2: Ineffective assistance of counsel Hancock argues that his attorney was ineffective in failing to object when the trial court displayed bias against Hancock in acting as an advocate for the State. Despite Hancock’s claims, it is clear that his attorney objected to the trial court’s alleged involvement during the testimony of a witness. In addition, the trial court’s actions can hardly be said to exhibit bias or advocacy for the State. Hancock argues that his attorney’s failure to object to the introduction of items from his truck was ineffective assistance of counsel. Even without the introduction of the clothes, the record is replete with evidence of Hancock’s guilt. Based upon the overwhelming evidence against Hancock, the result of the trial would have not been different absent the introduction of the clothing. Hancock argues that he received ineffective assistance of counsel as a result of his attorney’s failure to argue a motion in limine requesting the trial court to restrict counsel for the State and all State witnesses from mentioning any crime Hancock may have committed other than the current charge. The witness made no mention of any specific prior convictions or crimes, but only made reference to Hancock’s experience. As the statement did not educate the jury on Hancock’s criminal history, it could not have tainted the jurors’s view of the overall case against Hancock, and, as such, did not prejudice his defense. Hancock argues that his attorney’s failure to object when the prosecution made reference during its closing argument to a hat found during the search of Hancock’s truck when no such hat was ever found was ineffective assistance. Even if the attorney’s failure to object could be characterized as deficient, the result of a lack of objection did not prejudice Hancock. |
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