Frazier v. State
| Docket Number: | 2009-KA-00113-COA Linked Case(s): 2009-KA-00113-COA ; 2009-CT-00113-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-17-2010 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Aggravated assault - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-17-2008 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO PAY $93,000 IN RESTITUTION, $10,136.83 TO THE MISSISSIPPI CRIME VICTIMS’ COMPENSATION FUND, AND $250 TO THE INDIGENT DEFENSE FUND District Attorney: Laurence Y. Mellen Case Number: 2008-053-CR2 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Gregory Frazier |
LESLIE S. LEE, WILBERT LEVON JOHNSON, ERIN ELIZABETH PRIDGEN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY | ||
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: | Aggravated assault - Ineffective assistance of counsel |
| Summary of the Facts: | Gregory Frazier was convicted of aggravated assault and was sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Frazier argues that he received ineffective assistance of counsel based upon his attorney’s failure to object to impermissible testimony. Counsel's choice of whether or not to file certain motions, call witnesses, ask certain questions, or make certain objections falls within the ambit of trial strategy and will not stand as support for an ineffective assistance of counsel claim. The record shows no obvious deficient performance by Frazier’s counsel. Although Frazier’s counsel could have properly objected to certain testimonies, it is improper to second-guess defense counsel’s trial strategy. |
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