201 So. 3d 424
Miss.2016Background
- Hall was convicted of murder and sentenced to life in prison in Covington County, Mississippi.
- Eyewitnesses testified Hall shot Tubby Hubbard twice during a fight at a Black Cat community horse show.
- During jury selection, juror with a drug conviction was discharged after the court questioned him.
- Defense sought to discuss witness statements; Wade-Smith testified and the State later read statements from defense-provided documents.
- Hall appeals arguing trial court errors in jury selection and ineffective assistance of counsel; the court affirms the conviction.
- Concurrence addresses foreperson appointment and distinguishes petit versus grand juries and advises trial judges not to appoint forepersons for petit juries.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury-selection error preserved for plain error review? | Hall argues foreperson appointment and voir dire flaws affected fairness. | Hall asserts errors violated constitutional rights and code rules. | No reversible error; plain-error review shows no miscarriage of justice. |
| Ineffective assistance—admission of hearsay via Wade-Smith testimony | Counsel failed to object to hearsay about other shooters. | Hearsay was harmless given overwhelming evidence against Hall. | Not prejudicial; no ineffective assistance. |
| Ineffective assistance—manslaughter plea request during trial | Counsel’s manslaughter plea request prejudiced Hall. | Record insufficient to evaluate; claim dismissed without prejudice. | Claim dismissed without prejudice. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes standard for ineffective assistance of counsel)
- Dartez v. State, 177 So.3d 420 (Miss. 2015) (requires prejudice inquiry under Strickland standard)
- Brown v. State, 995 So.2d 698 (Miss. 2008) (plain-error analysis for trial-court errors)
- Moffett v. State, 49 So.3d 1073 (Miss. 2010) (procedural bar for unpreserved issues; plain-error results balanced)
- Hansen v. State, 592 So.2d 114 (Miss. 1991) (rights violations analyzed with overwhelming-evidence test)
- Ballenger v. State, 667 So.2d 1242 (Miss. 1995) (foreperson appointment discussed for petit juries)
- Jackson v. State, 645 So.2d 921 (Miss. 1994) (harmless-error principle referenced)