Bell v. State
| Docket Number: | 2010-DR-01907-SCT Linked Case(s): 2010-DR-01907-SCT ; 2010-DR-01907-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 02-03-2011 Opinion Author: Carlson, P.J. Holding: Motion for leave to file successive petition for post-conviction relief is granted in part and denied in part. |
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| Additional Case Information: |
Topic: Death penalty post-conviction relief - Ineffective assistance of counsel - Mental retardation Judge(s) Concurring: Waller, C.J., Graves, P.J., Dickinson, Lamar and Kitchens, JJ. Concur in Part, Dissent in Part 1: Randolph, J., Concur in Part, Dissent in Part Joined By 1: Chandler and Pierce, JJ. Procedural History: PCR Nature of the Case: CIVIL - DEATH PENALTY - POST CONVICTION |
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| Trial Court: |
Date of Trial Judgment: 01-27-1993 Appealed from: GRENADA COUNTY CIRCUIT COURT Judge: JOSEPH H. LOPER Disposition: Frederick Bell was convicted of capital murder for the shooting death of Robert C. “Bert” Bell at the Stop-and-Go in Grenada County on May 6, 1991, during the commission of a robbery. Case Number: 6078 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Frederick Bell |
OFFICE OF CAPITAL POST-CONVICTION COUNSEL: GLENN S. SWARTZFAGER, AMY STRICKLAND |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: 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 post-conviction relief - Ineffective assistance of counsel - Mental retardation |
| Summary of the Facts: | Frederick Bell was convicted of capital murder during the commission of a robbery. Bell’s first petition for post-conviction relief was denied in 2004. Bell now has filed a Motion for Leave to File Successive Petition for Post-Conviction Relief. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Bell argues that he received ineffective assistance of counsel due to trial counsel’s failure to properly investigate and present his alibi defense. This issue was raised in Bell’s first petition for post-conviction relief and was rejected and is now procedurally barred. In addition, Bell’s trial counsel investigated sufficiently to determine that a full presentation of Bell’s alibi risked revealing to the jury Bell’s involvement in a second, separate murder, and the decision not to present evidence of the alibi was acceptable trial strategy. Bell also argues that he received ineffective assistance of counsel due to trial counsel’s waiver of objection to the State’s peremptory strikes of jurors. This issue was raised in Bell’s first petition for post-conviction relief and was rejected and is now procedurally barred. In addition, Bell’s trial counsel has presented no evidence of prejudice to Bell other than speculation due to the racial composition of Bell’s jury. Bell also argues that he received ineffective assistance of counsel due to trial counsel’s failure to develop and present mitigation evidence. This issue was raised in Bell’s first petition for post-conviction relief and was rejected and is now procedurally barred. In addition, Bell’s trial counsel presented evidence at the sentencing hearing of Bell’s age, his poverty-stricken upbringing, his violent and abusive father, his relationship with his three-year-old son and his academic problems. Bell has not shown that trial counsel’s failure to present further evidence caused him prejudice. Issue 2: Mental retardation Bell is entitled to an evidentiary hearing in the trial court. If Bell is mentally retarded as defined in Chase v. State, 873 So. 2d 1013 (Miss. 2004), Bell has a fundamental constitutional right not to be executed. Bell meets all the requirements of Chase such that Bell is entitled to proceed in the trial court on his mental retardation claim. |
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