Porter v. State


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Docket Number: 2003-KA-00432-COA

Court of Appeals: Opinion Link
Opinion Date: 10-05-2004
Opinion Author: Bridges, P.J.
Holding: Affirmed

Additional Case Information: Topic: Murder & Taking away motor vehicle - Self-defense instruction - Ineffective assistance of counsel
Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis and Barnes, JJ.
Non Participating Judge(s): Ishee, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 11-21-2002
Appealed from: Harrison County Circuit Court
Judge: Kosta N. Vlahos
Disposition: DEFENDANT WAS CONVICTED OF COUNT I MURDER AND COUNT II TAKING POSSESSION OF OR TAKING AWAY A MOTOR VEHICLE AND SENTENCED TO SERVE CONCURRENT TERMS OF LIFE ON COUNT I AND FIVE YEARS ON COUNT II IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS.
District Attorney: Cono A. Caranna, II
Case Number: B2401-01-00698

  Party Name: Attorney Name:  
Appellant: Rodney Gadis Porter




DAPHNE L. PATTISON FELICIA DUNN BURKES



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY  

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Topic: Murder & Taking away motor vehicle - Self-defense instruction - Ineffective assistance of counsel

Summary of the Facts: Rodney Porter was convicted of one count of murder and of one count of taking possession of or taking away a motor vehicle and sentenced to serve concurrent terms of life and five years. He appeals.

Summary of Opinion Analysis: Issue 1: Self-defense instruction Porter argues that the court committed reversible error in denying his jury instructions on self-defense. Although Porter is entitled to have the jury instructed as to his theory of the case, his entitlement is limited in that the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without evidentiary foundation. The evidence on record is insufficient to support Porter’s requested self-defense instruction. Porter failed to demonstrate sufficient provocation by the victim at the time of the murder to justify a self-defense instruction. Issue 2: Ineffective assistance of counsel Porter argues that he received ineffective assistance of counsel, because of the failures of his counsel to make proper objections during the testimony of various State witnesses, to stipulate as to Fleming’s sexual orientation, and to call witnesses for the purpose of advising the jury of Porter’s history of mental illness. The record does not support Porter's first claim, and the two remaining claims require an examination of evidence beyond the appellate record, and for that reason, Porter’s entire ineffective assistance claim is better considered in post-conviction relief.


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