255 So. 3d 1264
Miss.2018Background
- Hawkins, a Navy veteran experiencing erratic, psychotic behavior, was taken from an ER to Pine Grove Behavioral Health Center after being medicated in the ER.
- At Pine Grove Hawkins wrapped a towel around nurse Holly Bounds’s neck and choked her; employees restrained him and during the struggle he bit nurse Illa Mills.
- Hawkins was indicted on two counts of simple assault on “medical personnel” under § 97-3-7(1)(a)(iii); jury convicted on Count I (Bounds) and acquitted on Count II (Mills).
- Defense argued diminished capacity/insanity and suggested involuntary intoxication from ER-administered medication; no expert psychiatric or toxicology testimony was offered.
- Prosecutor repeatedly argued voluntary intoxication from marijuana and criticized the defense for not pursuing an insanity defense; jury was instructed that voluntary intoxication is not a defense.
- Trial court sentenced Hawkins under § 97-3-7(1)(b) (aggravated penalty for assault on emergency medical personnel), a subsection not alleged in the indictment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of sentence given indictment | Indictment charged simple assault on medical personnel under §97-3-7(1)(a)(iii) only | State proceeded to sentence under §97-3-7(1)(b) (aggravated provision for emergency medical personnel) | Sentence vacated and case remanded for resentencing under §97-3-7(1)(a) because indictment did not give notice of (1)(b) aggravator |
| Ineffective assistance of counsel for failing to obtain expert(s) | Trial counsel should have sought psychiatric/toxicology experts to evaluate insanity or involuntary intoxication defenses | State contends record suffices to reject ineffective-assistance claim on appeal | Conviction affirmed but ineffective-assistance claim preserved for PCR because the trial record lacks expert evidence necessary to assess deficiency or prejudice |
| Weight/sufficiency of evidence re: insanity/involuntary intoxication | Hawkins argues conviction is against the overwhelming weight of the evidence given his mental state and involuntary medication | State argued voluntary intoxication and emphasized lack of formal insanity defense or expert proof | Claim without merit on direct appeal — factual issues (insanity/toxic effects) not resolvable from record; may be raised in PCR |
Key Cases Cited
- Thomas v. State, 126 So. 3d 877 (Miss. 2013) (indictment must allege all statutory elements and give notice of the statutory basis for enhanced penalties)
- Dartez v. State, 177 So. 3d 420 (Miss. 2015) (ineffective-assistance claims ordinarily resolved in post-conviction proceedings when the trial record lacks necessary facts)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-pronged standard for ineffective assistance: deficient performance and prejudice)