267 So. 3d 749
Miss.2019Background
- On April 29, 2016, Alondo Greenleaf stabbed Dennis Smith Jr. in the lower back during a household confrontation; Smith was a minor and others were present.
- Matthews (householder) and Smith testified Greenleaf held a knife and deliberately stabbed Smith; Greenleaf testified the wound was accidental during a scuffle while he was holding a kitchen knife to open dog food.
- Greenleaf initially did not mention the dog/food explanation to police; a later police interview indicated Greenleaf admitted possessing the knife before entering the house.
- A jury convicted Greenleaf of aggravated assault under Miss. Code § 97-3-7(4)(a)(ii) (purposely or knowingly causing bodily injury with a deadly weapon).
- Greenleaf appealed, claiming constitutionally ineffective assistance of counsel because his attorney did not request an "accident"/excusable-homicide-based jury instruction (Miss. Code § 97-3-17).
- The Mississippi Supreme Court considered the record on direct appeal and affirmed the conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was constitutionally ineffective for failing to request an instruction based on excusable homicide (an "accident instruction") | Greenleaf: counsel should have requested an instruction based on Miss. Code § 97-3-17 to allow acquittal if the stabbing was accidental/excusable | State: omission was reasonable trial strategy; the excusable-homicide instruction would add extra elements that could confuse jury and undercut Greenleaf's accident defense; failure presumed strategic | Court held counsel was not ineffective; failure to request that instruction was presumptively strategic and not so ill chosen to render trial unfair; conviction affirmed |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Dartez v. State, 177 So. 3d 422 (Miss. 2015) (ineffective-assistance standard and usual treatment in post-conviction)
- Read v. State, 430 So. 2d 832 (Miss. 1983) (direct-appeal review of ineffective-assistance claims only in limited circumstances)
- McCoy v. State, 147 So. 3d 333 (Miss. 2014) (jury-instruction requests generally matter of trial strategy)
- Rogers v. State, 85 So. 3d 293 (Miss. 2012) (trial tactics presumed strategic unless so ill chosen they cause obvious unfairness)
- Hawkins v. State, 145 So. 3d 636 (Miss. 2014) (definition of purposeful/knowing conduct as not accidental)
- Powell v. State, 806 So. 2d 1069 (Miss. 2001) (discussion that a true accident instruction can properly be refused in some circumstances)