Wells v. State

903 So. 2d 739, 2005 WL 1384677
CourtMississippi Supreme Court
DecidedJune 9, 2005
Docket1998-DR-01280-SCT
StatusPublished
Cited by20 cases

This text of 903 So. 2d 739 (Wells v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wells v. State, 903 So. 2d 739, 2005 WL 1384677 (Mich. 2005).

Opinion

903 So.2d 739 (2005)

Mack C. WELLS
v.
STATE of Mississippi.

No. 1998-DR-01280-SCT.

Supreme Court of Mississippi.

June 9, 2005.

*740 Office of Capital Post-Conviction Counsel, by David Voisin, Robert M. Ryan, Stacy Prewitt, attorneys for appellant.

Office of the Attorney General, by Marvin L. White, Jr., attorneys for appellee.

EN BANC.

CARLSON, Justice, for the Court.

¶ 1. A Scott County grand jury indicted Mack C. Wells for the capital murder of his thirteen-year-old stepson, Gary "Man" Wells. After a change of venue to Leake County, Wells was tried and convicted of the crime of capital murder. At the conclusion of the sentencing phase, the same circuit court jury found that Wells should receive the death penalty. In due course, the presiding judge, Honorable Marcus D. Gordon, entered judgment consistent with the jury verdict and set a date for Wells's execution by lethal injection. Pursuant to Miss.Code Ann. § 99-19-105, Wells's sentence was stayed pending review by this Court. In due course, Wells's conviction and sentence were affirmed on direct appeal. Wells v. State, 698 So.2d 497 (Miss. 1997). Wells's motion for rehearing was denied. Wells v. State, 700 So.2d 331 (Miss.1997). Wells's petition for writ of certiorari was denied by the United States Supreme Court. Wells v. Mississippi, 522 U.S. 1122, 118 S.Ct. 1065, 140 L.Ed.2d 125 (1998).

¶ 2. Wells then sought federal habeas corpus relief in the federal district court. *741 The United States District Court for the Southern District of Mississippi granted a stay of execution and provided Wells additional time to file his federal petition for writ of habeas corpus. Wells v. Anderson, No. 3:98-cv-174GR (S.D.Miss.). However, Wells chose instead to file with us an application for leave to proceed in the trial court via a filing of a motion for post-conviction relief pursuant to the Mississippi Uniform Post-Conviction Collateral Relief Act, Miss.Code Ann. §§ 99-39-1, et seq. In his PCR motion, Wells claimed his trial and appellate counsel rendered ineffective assistance thus requiring the vacation of his death sentence and a new sentencing hearing. We eventually allowed a substitution of counsel, and the Office of Capital Post-Conviction Counsel (OCPCC) commenced representation of Wells.

¶ 3. Anticipating that the United States Supreme Court would be deciding a case that might determine whether Wells received post-conviction relief, we stayed the post-conviction proceedings. On June 20, 2002, the United States Supreme Court decided Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). Atkins held that the death penalty was no longer constitutional as applied to an entire class of prisoners, namely, those who were deemed to be mentally retarded, using an Intelligence Quotient of 70 as the standard. Pursuant to Atkins, Wells filed a supplemental application which asserted that Wells was mentally retarded and therefore ineligible for the death penalty. In light of Atkins, we entered an en banc order remanding the case to the trial court for the limited purpose of "obtaining an evaluation of Wells's mental capacity and conducting an evidentiary hearing to determine whether Wells is mentally retarded" as envisioned in Atkins. Upon remand, Judge Gordon conducted an evidentiary hearing and determined that Wells met the Atkins standard for mental retardation. Accordingly, Judge Gordon vacated Wells's sentence of death and resentenced Wells to a term of life imprisonment in the custody of the Mississippi Department of Corrections without the benefit of parole.

¶ 4. Inasmuch as the original application for post-conviction relief remains before us as an open motion, it requires a final disposition. For the reasons discussed below, we find Wells's application for post-conviction relief to be without merit.

ANALYSIS

¶ 5. Of course, we review any claim of ineffective assistance of counsel by applying the familiar test set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The standard for determining if a defendant received effective assistance of counsel has often been noted by this Court. "The benchmark for judging any claim of ineffectiveness [of counsel] must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." 466 U.S. at 686, 104 S.Ct. at 2064. A defendant must demonstrate that his attorney's actions were deficient and that the deficiency prejudiced the defense of the case. Id. at 687, 104 S.Ct. 2052. "Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable." Stringer v. State, 454 So.2d 468, 477 (Miss. 1984) (citing Strickland v. Washington, 466 U.S. at 687, 104 S.Ct. at 2064).

¶ 6. In his original PCR motion, Wells alleged that he had received ineffective assistance of counsel at his original trial and on direct appeal to this Court. Wells's consternation was that his lawyers *742 on direct appeal to this Court were the same lawyers he had at trial, and that although Wells opined that he had received ineffective assistance from these lawyers both at trial and on appeal, he could hardly expect his lawyers to raise the ineffective assistance claim "against themselves." A close reading of the original application reveals that Wells's concern about his lawyers' ineffectiveness occurred at the sentencing phase of his trial, when his lawyers failed to object to the following comments by the prosecutor during closing arguments:

The Defendant is already serving life without parole for his aggravated assault. You know, to give him anything less than the death penalty would be like not giving him any punishment at all. He has already got what the defense is asking you to give him, no punishment at all for the brutal murder of Gary Wells.

Wells, 698 So.2d at 514. Admittedly, there was no objection by defense counsel to these statements by the prosecutor. On direct appeal, we addressed this assignment of error as follows:

Wells contends that this argument was improper and constitutes reversible error under Hartfield v. State, 186 Miss. 75, 89-91, 189 So. 530, 532-34 (1939).
A review of the record reveals no objection was raised to these comments at trial and it is raised for the first time on this appeal. Any claim is waived for failure to raise a contemporaneous objection. Ballenger v. State, 667 So.2d 1242, 1272 (Miss.1995), cert. denied, 518 U.S. 1025, 116 S.Ct. 2565, 135 L.Ed.2d 1082 (1996); Davis v. State, 660 So.2d 1228, 1245 (Miss.1995), cert. denied, 517 U.S. 1192, 116 S.Ct. 1684, 134 L.Ed.2d 785 (1996); Chase v. State, 645 So.2d 829, 854 (Miss.1994), cert. denied, 515 U.S.

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Bluebook (online)
903 So. 2d 739, 2005 WL 1384677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-state-miss-2005.