Herrington v. State
102 So. 3d 1241
| Miss. Ct. App. | 2012Background
- Herrington was convicted in Claiborne County Circuit Court of aggravated assault and possession of a weapon by a felon, sentenced as a habitual offender to 30 years total with no parole.
- On appeal, Herrington argues ineffective assistance of counsel, improper admission of prior convictions, and lack of a limiting instruction.
- During trial, the State introduced three prior drug convictions; defense counsel had stipulated Herrington was a felon and did not object to the convictions’ admission.
- The State posited a motive theory that Herrington shot McNeal over a debt; testimony and prior convictions were used to support this theory.
- The trial court admitted two sentencing orders and other records without defense objection; Herrington testified in his defense denying possession of a weapon.
- The court reversed, remanded for a new trial, and the dissent would have affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel on trial strategy | Herrington | Herrington’s counsel failed to object to admission of convictions and failed to seek limiting instruction | Reversed for new trial |
| Admission of prior convictions as evidence | Herrington | State was entitled to admitted convictions given felon status | Plain error; admission prejudicial; reversal and remand |
| Limiting instruction for prior convictions | Herrington | Counsel decision not to request limiting instruction was strategic | Claim merit denied; not error under Rule 105 |
| Right to fair trial affected by prior-convictions evidence | Herrington | Evidence admissible under Rule 403/404(b) | Plain error; admission prejudicial; reversal and remand |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance of counsel standard)
- Carr v. State, 873 So.2d 991 (Miss.2004) (two-prong Strickland test in Mississippi)
- Old Chief v. United States, 519 U.S. 172 (U.S. 1997) (prior-conviction admission under 403/404(b) limits, substantial prejudice risk)
- Sawyer v. State, 2 So.3d 655 (Miss. Ct. App. 2008) (applies Old Chief to Mississippi rules 403/404(b))
- Moss v. State, 977 So.2d 1201 (Miss. Ct. App. 2007) (trial-strategy considerations for limiting instructions)
- Brown v. State, 890 So.2d 901 (Miss. 2004) (limiting instruction duties under Rule 105 clarified)
- Biggs v. State, 942 So.2d 185 (Miss. Ct. App. 2006) (limiting-instruction analysis not sua sponte where no request)
- Mitchell v. State, 788 So.2d 853 (Miss. Ct. App. 2001) (plain-error standard applied)
- Johnson v. State, 75 So.3d 63 (Miss. Ct. App. 2011) (waiver where no timely objection)