Page v. State
| Docket Number: | 2007-KA-00334-COA Linked Case(s): 2007-KA-00334-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-15-2008 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-30-2007 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: CONVICTED OF MURDER AND SENTENCED AS A HABITUAL OFFENDER TO LIFE IN THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT THE POSSIBILITY OF PAROLE OR EARLY RELEASE District Attorney: Jon Mark Weathers Case Number: 05-627-CR |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ANTONIO PAGE A/K/A ANTONIO LAVON PAGE |
BRENDA JACKSON PATTERSON,
LESLIE S. LEE,
JONATHAN MICHAEL FARRIS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY | ||
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 - Ineffective assistance of counsel |
| Summary of the Facts: | Antonio Page was convicted of murder and was sentenced, as a habitual offender, to life in prison without the benefit or possibility of parole. He appeals. |
| Summary of Opinion Analysis: | Page argues that he was denied effective assistance of counsel when his attorney failed to investigate whether the blows to the head that Page suffered prior to the shooting resulted in a mental or psychological condition which caused him to shoot his sister. The record does not affirmatively demonstrate ineffective assistance of counsel. First, as support for his argument that his counsel was ineffective in failing to investigate whether he suffered from a mental or psychological condition, Page relies on a Johns Hopkins Family Health Book for the proposition that a blow to the head can cause brain injuries which can cause, inter alia, behavioral changes. This book does not appear in the record. Also, the mere fact that there was no evidence presented at trial regarding Page’s mental or psychological state does not mean Page’s counsel did not investigate the issue. Page’s unsubstantiated allegations that his counsel failed to investigate his supposed impaired mental state are inadequate. |
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