Havard v. State
2012 Miss. LEXIS 231
| Miss. | 2012Background
- Havard was convicted of deliberate-design murder of Joy Hodges in George County and sentenced to life imprisonment.
- The crime occurred May 28, 2009; officers found Havard covered in blood and Hodges severely wounded.
- DNA was found on a Gerber folding knife; medical examiner linked the throat-slashing to Hodges’ death.
- Havard was indicted December 17, 2009; trial began January 18, 2011, after three defense-requested continuances.
- Appellate counsel filed a Lindsey brief; Havard filed pro se assignments alleging multiple constitutional and procedural errors.
- The circuit court denied relief and Havard appealed directly to the Mississippi Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Limiting/instruction sua sponte on biased witnesses | Havard | Havard | Issue procedurally barred but otherwise lacks merit. |
| Speedy-trial rights violation | Havard | Havard | Statutory and constitutional speedy-trial claims not established; no plain error. |
| Right not to testify warning | Havard | Havard | No reversible error; no duty to warn given competent counsel and waiver. |
| Change of venue sua sponte | Havard | Havard | Not shown; defendant failed to raise or support motion; no merit. |
| Ineffective assistance of counsel on direct appeal | Havard | Havard | Record insufficient; issue belongs in post-conviction relief. |
Key Cases Cited
- Lindsey v. State, 939 So.2d 743 (Miss. 2005) (implements procedures for indigent appellate counsel with no meritorious issues)
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (speedy-trial balancing factors: length, reason, assertion, prejudice)
- Dora v. State, 986 So.2d 917 (Miss. 2008) (plain-error standard for speedy-trial claim)
- Scott v. State, 965 So.2d 758 (Miss.Ct.App. 2007) (no duty to warn about ill effects of testimony when counsel led)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong deficient performance and prejudice standard)
- Byrom v. State, 863 So.2d 836 (Miss. 2003) (pretrial motions and abandonment rules; post-conviction for some claims)
- Moore v. Moore, 558 So.2d 834 (Miss. 1990) (counsel's duty and standard of review for trial conduct)