281 So.3d 1058
Miss. Ct. App.2019Background
- On Aug. 10, 2016, Peter Henderson traveled to Gulfport after learning Chandler Pugh had assaulted Henderson’s girlfriend/ex, Charlotte Guillotte; later that night at a gas station Henderson shot and killed Pugh.
- Guillotte testified Pugh had apologized earlier, did not possess or display a weapon at the gas station, and did not threaten or strike Henderson; Henderson was standing by Guillotte’s car with a gun when he fired multiple times.
- Video of the shooting and forensic evidence showed Pugh was shot three times in the chest and once in the back; police found no weapon on Pugh.
- Investigators recovered a threatening text Henderson sent Guillotte six days earlier (“I kill that…”) and an Internet search by Henderson about Mississippi stand‑your‑ground law shortly after sending the text.
- A Harrison County jury convicted Henderson of first‑degree (deliberate‑design) murder; he was sentenced to life imprisonment and appealed, arguing ineffective assistance of counsel and that the verdict was against the overwhelming weight of the evidence.
Issues
| Issue | Henderson's Argument | State's Argument | Held |
|---|---|---|---|
| Whether defense counsel was ineffective for not requesting castle‑doctrine, stand‑your‑ground, and defense‑of‑others instructions | Counsel omitted instructions that the evidence supported; this deprived Henderson of a full legal defense | Failing to request those instructions was reasonable trial strategy focused on a single self‑defense theory; no prejudice shown | No ineffective assistance: strategy-based decision; Henderson failed to show deficient performance or a reasonable probability of a different outcome |
| Whether the verdict was against the overwhelming weight of the evidence | Evidence supported justifiable self‑defense or at most manslaughter (imperfect self‑defense) | Evidence (threatening text, web search, video, wounds, lack of weapon on victim) supported deliberate design to kill; jury reasonably rejected self‑defense | No relief: viewing evidence in favor of the verdict, conviction did not sanction unconscionable injustice; trial court did not abuse discretion |
Key Cases Cited
- Jones v. State, 252 So. 3d 574 (Miss. 2018) (postconviction preferred forum for ineffective‑assistance claims)
- Archer v. State, 986 So. 2d 951 (Miss. 2008) (ineffective‑assistance may be addressed on direct appeal when record fully supplies facts)
- Dartez v. State, 177 So. 3d 420 (Miss. 2015) (Strickland framework and reviewing counsel performance under totality of circumstances)
- McCoy v. State, 147 So. 3d 333 (Miss. 2014) (decision whether to request a jury instruction is generally trial strategy)
- Ford v. State, 230 So. 3d 316 (Miss. Ct. App. 2017) (trial strategy choices do not establish ineffective assistance)
- Reynolds v. State, 736 So. 2d 500 (Miss. Ct. App. 1999) (presumption of competent counsel; no right to errorless counsel)
- Shaheed v. State, 205 So. 3d 1105 (Miss. Ct. App. 2016) (standard for reviewing weight‑of‑evidence challenges)