Rinehart v. State
| Docket Number: | 2002-KA-00723-SCT Linked Case(s): 2002-KA-00723-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 10-07-2004 Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Continuance - Ineffective assistance of counsel - Weight of evidence Non Participating Judge(s): Diaz, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-15-2001 Appealed from: Alcorn County Circuit Court Judge: Richard Bowen Disposition: Appellant was convicted of murder and sentenced to life in prison. District Attorney: John Richard Young Case Number: 00-429 |
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| Note: | The motion for rehearing filed by counsel for Hubert Milton Rinehart is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Hubert Milton Rinehart |
ROBERT SNEED LAHER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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: | Murder - Continuance - Ineffective assistance of counsel - Weight of evidence |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. Hubert Rinehart was convicted of murder and sentenced to life. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Continuance Rinehart argues that he was not well represented by his public defense counsel and needed additional time to hire private counsel. A defendant has an absolute right to counsel, but his right to choose counsel is not absolute. The record shows that the judge looked at the facts presented to the court and found no prejudice to Rinehart in proceeding to trial with his two court appointed attorneys and that Rinehart was given ample time in which to find alternative counsel prior to trial. Rinehart has failed to demonstrate that the judge’s ruling was an abuse of discretion. Issue 2: Ineffective assistance of counsel Rinehart argues that he received ineffective assistance of counsel, because defense counsel was not prepared for trial since he only had two meetings with Rinehart prior to trial. The record shows that counsel for Rinehart filed the necessary pretrial motions and properly represented Rinehart at trial, conducted a voir dire examination, offered challenges for cause, provided compelling opening and closing statements, objected to the admission of certain evidence and crossexamined witnesses. Rinehart has failed to show that counsel’s performance fell below an objective standard of reasonable professional service. Issue 3: Weight of evidence Rinehart argues that there was no physical evidence linking him to the crime. The State presented evidence that the victim had been shot with a .38 caliber gun and that such a gun was recovered from Rinehart’s residence. The State’s ballistic experts testified regarding similarities between the bullet recovered from Roberts’s body and bullets fired from the recovered gun. The jury found that these facts support a finding that Rinehart murdered the victim, and there is no showing that the verdict constituted an unconscionable injustice. |
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