Williams v. State

791 So. 2d 895, 2001 WL 861677
Court of Appeals of Mississippi·Decided July 31, 2001·No. 1998-KA-01064-COA·Published·Cited by 9 cases

Opinion

791 So.2d 895 (2001)

Willie Lee WILLIAMS, Appellant
v.
STATE of Mississippi, Appellee.

No. 1998-KA-01064-COA.

Court of Appeals of Mississippi.

July 31, 2001.

*896 Richard Earl Smith Jr., Vicksburg, Attorney for Appellant.

Office of the Attorney General by Charles W. Maris Jr., Jackson, Attorney for Appellee.

EN BANC.

*897 ON MOTION FOR REHEARING

McMILLIN, C.J., for the Court:

¶ 1. The motion for rehearing is granted. The original opinion is withdrawn and the following is substituted.

¶ 2. Willie Lee Williams has appealed to this Court from his conviction on two felony counts in a single trial conducted in the Circuit Court of Warren County. The counts were for aggravated assault and kidnaping. Williams alleges two reversible errors in the conduct of his trial. First, he would have us conclude that the trial court erred in denying his motion to sever the two counts in the indictment. Secondly, he alleges that he received ineffective assistance of counsel, thereby denying him rights guaranteed under the Sixth Amendment of the Constitution of the United States. We find these issues to be without merit and, therefore, affirm Williams's convictions.

I.

Facts

¶ 3. Williams shot and wounded Glenda Davis, a woman with whom he had been romantically involved, while she was at her place of employment in a convenience store in the City of Vicksburg. The episode was captured on the store's security videotaping system and the tape was received into evidence and played for the jury. Williams does not deny that he shot Davis. Rather, he claims only that he has no recollection of the specific moments that preceded the shooting. He does concede that he is conscious of standing over a wounded Davis with a gun in his hand.

¶ 4. After Davis was shot, through a combination of threatening and cajoling by Williams, she was persuaded to enter Williams's car. At times, according to Davis, Williams was threatening to take her to another location to finish the job he had begun in the convenience store by ending her life. At other times, he was promising to take Davis to a nearby hospital so that her wounds could be treated. When Williams drove past the appropriate route to the hospital and, instead, began up the entrance ramp to a limited access interstate highway, Davis either escaped from the vehicle or was shoved out by Williams in the course of a scuffle for possession of the gun. In either event, Davis then managed to approach a police vehicle in the area and was taken for medical treatment. Williams, for his part, fled alone in his car to the State of Louisiana where he was subsequently apprehended.

¶ 5. The act of shooting Davis in the store gave rise to the aggravated assault charge and the act of taking Davis in the vehicle against her will on a course other than to the hospital to receive medical attention gave rise to the kidnaping count. Davis was convicted of both counts.

II.

Severance

¶ 6. Williams did not file a pretrial motion to sever. Rather, during the early stages of jury selection, Williams (and not Williams's trial counsel) asked the court to try the two charges separately. The trial court summarily denied the request and that denial is now asserted to be reversible error.

¶ 7. By statute, the State is permitted to try multiple counts in the same proceeding in those instances where "the offenses are based on the same act or transaction ... or ... are based on two (2) or more acts... connected together...." Miss.Code Ann. § 99-7-2 (Rev.2000). In Blanks v. State, the Mississippi Supreme Court considered a claim that Blanks should have been granted a severance on two felony counts arising out of a shooting incident *898 involving two separate victims. Blanks v. State, 542 So.2d 222, 226 (Miss.1989). The supreme court, using language indicating that it construed the word "transaction" to be synonymous with "episode or event," declined to find error in the trial court's denial of a severance motion. Blanks, 542 So.2d at 226. We find the facts of the case now before us that support the assault charge and the kidnaping charge to be so intertwined and overlapping that we have little doubt that they constituted one episode or event within the meaning of the Blanks decision. We, therefore, decline to find error in the trial court's decision to deny Williams's belated attempt to sever the two charges for trial.

II.

Ineffective Assistance of Counsel

¶ 8. Williams claims that his counsel was woefully ineffective in that the attorney (a) failed to subpoena witnesses who were critical to the defense, and (b) effectively confessed Williams's guilt to the aggravated assault charge.

A.

Failure to Subpoena Witnesses

¶ 9. A review of the record reveals quite clearly that Williams was not pleased with the services of his attorney. Prior to trial beginning, Williams complained to the trial court that his counsel had not obtained the presence of several witnesses that he felt were vital to his defense of the charges. The trial court conducted an on-the-record inquiry into who these witnesses were and what probative evidence they might have on the issue of Williams's guilt. Essentially all of these potential witnesses as reported by Williams would have been called to attack the victim's credibility by testifying that Davis had repeatedly filed false charges against Williams in conjunction with a dispute they were having over her child believed to have been fathered by Williams. It is entirely unclear from reviewing the record whether, in fact, these people possessed the knowledge Williams claimed they had or how they came to know the alleged facts. Defense counsel reported that, as to several of them, he had caused interviews to be conducted and determined that they had no information useful to the defense.

¶ 10. Additionally, as a matter of trial strategy, defense counsel had sought to limit the admissibility of evidence of other difficulties between Williams and Davis under Mississippi Rule of Evidence 404, on the notion that the information would tend to prejudice Williams in the eyes of the jury. Permitting the jury to learn of these previous incidents in the hope that the jury could be persuaded that Davis invented or distorted the facts in order to impeach her credibility would have effectively negated any attempt to limit the jury's knowledge of the stormy nature of the couple's relationship and would have been, at best, a rather risky bit of trial strategy. In matters of forming trial strategy, defense counsel is necessarily afforded substantial latitude. Hiter v. State, 660 So.2d 961, 965 (Miss.1995). We are not persuaded, on the record now before us, that trial counsel's decision to forego a strategy designed to impeach the prosecutrix's testimony at the risk of exposing the jury to substantial information regarding prior conflicts between her and the defendant evidenced such ineptitude on the part of the attorney as to render his performance constitutionally sub-par.

¶ 11. Despite these considerations which militate against a finding of ineffective assistance of counsel, we concede that, in the absence of more detailed information as to what these uncalled witnesses

Free access — add to your briefcase to read the full text and ask questions with AI

Williams v. State, 791 So. 2d 895, 2001 WL 861677 (Mich. Ct. App. 2001).

791 So. 2d 895 (Williams v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

James Cory Gilbert v. State of Mississippi
Court of Appeals of Mississippi, 2023
Christopher Brown v. State of Mississippi
Court of Appeals of Mississippi, 2019
Joseph Snow Schrotz v. State of Mississippi
179 So. 3d 1200 (Court of Appeals of Mississippi, 2015)
Nichols v. State
27 So. 3d 433 (Court of Appeals of Mississippi, 2009)
Commonwealth v. Cousin
888 A.2d 710 (Supreme Court of Pennsylvania, 2005)
State v. Gordon
2003 WI 69 (Wisconsin Supreme Court, 2003)
Voyles v. State
822 So. 2d 353 (Court of Appeals of Mississippi, 2002)