336 So.3d 1134
Miss. Ct. App.2022Background
- Defendant Dwayna Hickerson stabbed Dee Whigham to death in July 2016; Whigham’s autopsy showed at least 190 stab wounds. Hickerson disposed of belongings and altered his appearance; he was arrested and indicted for capital murder.
- Hickerson pleaded guilty on July 20, 2017 to second-degree murder and robbery after the State withdrew the death-penalty option; the court imposed consecutive sentences (40 years with 35 to serve for murder; 15 years with 8 to serve for robbery).
- In July 2020 Hickerson filed a post-conviction relief (PCR) petition asserting ineffective assistance of trial counsel (Adrianne Rhoads) and an involuntary plea, claiming inadequate communication, failure to investigate defenses (including insanity/competency), and insufficient time to consider the plea.
- The circuit court denied the PCR without an evidentiary hearing, finding Hickerson’s filings lacked required sworn affidavits and that, on the merits, counsel’s performance was not deficient and the plea was knowing and voluntary.
- On appeal the Court of Appeals affirmed: Hickerson failed to comply with affidavit requirements and, regardless, the record (attorney affidavits, visitation logs, plea colloquy) rebutted his ineffective-assistance and mental‑competency claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of unsworn declaration to support PCR | Hickerson: his unsworn declarations (and counsel Shapiro’s) suffice to support claims | State: Mississippi law requires sworn affidavits; unsworn declarations are insufficient | Court: Unsigned/unsworn declarations do not meet statutory affidavit requirement; PCR deficient on that ground |
| Ineffective assistance — communication / access to file | Hickerson: Rhoads failed to communicate, met infrequently, refused to produce file | State: Visitation logs and affidavits show numerous substantive contacts; counsel reasonably withheld privileged notes and limited file copies | Court: Record rebuts lack-of-communication claim; no deficient performance |
| Ineffective assistance — investigation and plea negotiation | Hickerson: counsel failed to investigate witnesses/defenses and should have sought manslaughter plea | State: Counsel negotiated a substantially better outcome than capital exposure; no identified omitted witnesses or concrete investigative need | Court: Decision not to pursue manslaughter or additional investigation was reasonable; plea was a favorable result, so no prejudice |
| Failure to seek mental/competency evaluation or raise insanity | Hickerson: experienced a psychotic break and lacked competence; counsel failed to seek evaluation | State: No concrete indications or history supporting insanity/competency exam; defendant’s own statement showed purposeful acts and concealment | Court: No objective basis for evaluation; M'Naghten standard not implicated; counsel not ineffective |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two‑part ineffective‑assistance standard: deficient performance and prejudice)
- Bell v. State, 202 So. 3d 1239 (Miss. 2016) (applies Strickland in Mississippi context)
- Mapp v. State, 310 So. 3d 335 (Miss. Ct. App. 2021) (ineffective‑assistance claims must be supported by affidavits other than petitioner’s)
- Russell v. State, 849 So. 2d 95 (Miss. 2003) (affidavit defined as a sworn statement before an authorized official)
- Thomas v. Greenwood Leflore Hospital, 970 So. 2d 273 (Miss. Ct. App. 2007) (unsworn affidavits lack legal effect)
- Parker v. State, 273 So. 3d 695 (Miss. 2019) (describes M'Naghten standard and need for concrete reasons to order mental evaluation)
- Batiste v. State, 121 So. 3d 808 (Miss. 2013) (taking property to conceal a killing supports robbery intent)
- Cuevas v. State, 304 So. 3d 1163 (Miss. Ct. App. 2020) (solemn in‑court declarations by a defendant carry strong presumption of verity)