Lawrence Reed v. State of Mississippi
204 So. 3d 785
| Miss. Ct. App. | 2016Background
- On Feb 25–26, 2013, Lawrence Reed strangled Marco McMillian with a wallet chain, pushed him from a vehicle, placed his body in a water-filled ditch, attempted to burn the body, and disposed of McMillian’s phone, ID, wallet, and clothes. Reed later told his girlfriend and several officers that he had killed McMillian.
- Reed made multiple inculpatory statements to law-enforcement officers: at the accident scene (recorded on a trooper’s body mic), at a hospital (after Miranda warnings), and during a later recorded interview and a recorded drive showing the route he took. Some statements were audio-recorded or signed; one officer interview was initially refused but later waived in July 2013.
- No pretrial suppression hearing was requested by Reed’s trial counsel, and at trial the prosecutor admitted the officers’ testimony and several recordings with little or no contemporaneous objection by defense counsel; the court pre-admitted certain exhibits, including the dash-cam/audio of the scene statement.
- Reed testified at trial and reiterated he killed McMillian and described efforts to destroy evidence. A jury convicted Reed of murder on March 12, 2015, and he was sentenced to life imprisonment.
- On direct appeal Reed argued his trial counsel was ineffective for failing to move to suppress his statements, claiming he was intoxicated, injured, in pain, and had retained counsel when some statements were made.
- The Court of Appeals evaluated ineffective-assistance-on-direct-appeal principles and concluded the record did not affirmatively show counsel was constitutionally ineffective; the conviction and sentence were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to request a suppression hearing for Reed’s statements | Reed: counsel deficient for not seeking suppression of statements made while intoxicated, injured, in pain, and after having retained counsel | State: record shows multiple valid, Mirandized, recorded waivers and confessions; counsel may have made a strategic choice not to litigate suppression | Court: Denied relief — record does not affirmatively show ineffective assistance on direct appeal; overwhelming properly admitted confessions support conviction |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-pronged ineffective-assistance-of-counsel test: deficient performance and prejudice)
- Dartez v. State, 177 So. 3d 420 (Miss. 2015) (direct-appeal review of ineffective-assistance claims usually inappropriate unless record affirmatively shows ineffectiveness)
- Archer v. State, 986 So. 2d 951 (Miss. 2008) (same; PCR is typical vehicle for ineffective-assistance claims)
- Read v. State, 430 So. 2d 832 (Miss. 1983) (appellate standards for addressing ineffective-assistance claims on direct appeal)
- Johnson v. State, 196 So. 3d 973 (Miss. Ct. App. 2015) (framework for when direct-appeal ineffective-assistance claims may be addressed)
- Holly v. State, 716 So. 2d 979 (Miss. 1998) (applies Strickland standard in Mississippi)
- Taylor v. State, 167 So. 3d 1143 (Miss. 2015) (presumption that counsel’s actions fall within reasonable trial strategy)