Background

• Forrest was convicted in Montgomery County Circuit Court of aggravated assault (Count I) and possession of a weapon by a convicted felon (Count II); he was sentenced to 20 years and 10 years, respectively, as a habitual offender, with Count II running consecutively to Count I; post-trial motions were denied.
• Facts show Hardwick was shot on her porch by Forrest after a prior relationship; she testified Forrest exclaimed “Goodbye” before firing and Forrest appeared intoxicated.
• Valerie Hardwick, Hardwick’s daughter, testified Forrest was on the porch with a long gun earlier and ate/drank alcohol; she heard Forrest yell “Goodbye, Betty” and then a gunshot.
• Eskridge, Forrest’s son, testified Forrest admitted shooting Hardwick and a shotgun was later found buried near Eskridge’s fence; Eskridge noted Forrest had been drinking.
• Captain Tommy Bibbs testified Forrest was drinking and had blood on his hand when located at Andrew Ratliff’s home.
• On appeal Forrest argued (1) the trial court should have ordered a sua sponte competency hearing and (2) he received ineffective assistance of counsel; the court denied both challenges.

Issues

Key Cases Cited

• Richardson v. State, 722 So.2d 481 (Miss.1998) (test for implied duty to inquire into competence hinges on reasonable grounds)
• Lokos v. Capps, 625 F.2d 1258 (5th Cir.1980) (framework for evaluating trial court's duty to inquire into competency)
• Drope v. Missouri, 420 U.S. 162 (1975) (evidence of irrational behavior and demeanor can trigger further inquiry)
• Strickland v. Washington, 466 U.S. 668 (1984) (establishes standard for ineffective assistance and prejudice)
• Colenburg v. State, 735 So.2d 1099 (Miss.Ct.App.1999) (direct-appeal review of ineffective-assistance claims is narrow)