Terry L. Hill v. State of Mississippi, 269 So. 3d 1

Early on May 1, 2016, two men entered an MSU student’s home; the female victim was sexually assaulted and the male victim’s iPhone was stolen. Hill was identified at the scene and later found hiding; the stolen iPhone was on his person.
DNA from the rape kit tied Hill to the sperm fraction of vaginal swabs; analysts stated Hill could not be excluded as a contributor and the major contributor matched Hill’s buccal swab.
Hill was indicted on multiple counts (robbery, two kidnappings, aggravated assault, sexual battery, rape); the State later proceeded on robbery, two kidnappings, and sexual battery.
Hill repeatedly demanded new counsel and alternately sought to represent himself; four days before trial he twice told the court he wanted appointed counsel (Mallette) to represent him, but during trial he became belligerent and threatened counsel.
Counsel (Mallette) moved to withdraw both before and during trial, citing a breakdown in communication and fear for her safety after Hill’s threats and courtroom conduct; the trial court denied the motion to withdraw and imposed limited security measures and procedures for confidential consultation.
The jury convicted Hill on robbery, two kidnapping counts, and sexual battery; he was sentenced as a habitual offender to consecutive lengthy terms. Hill appealed only the denial of counsel-substitution/withdrawal.

Issue	Plaintiff's Argument (Hill)	Defendant's Argument (State)	Held
Whether denial of counsel's motion to withdraw and refusal to appoint new counsel violated Hill's Sixth Amendment right to effective/loyal assistance of counsel	Mallette had a complete breakdown with Hill, failed to investigate and list exculpatory witnesses, and feared Hill, so she could not give undivided loyalty; denial forced Hill to proceed with conflicted counsel	Hill repeatedly affirmed he wanted Mallette before trial; any conflict was caused by Hill's own belligerent conduct; counsel provided adequate representation and security measures were reasonable	Court affirmed: trial court did not abuse discretion. Hill's own actions produced the conflict; counsel's performance was adequate and evidence against Hill was substantial.

Taylor v. State, 435 So.2d 701 (Miss. 1983) (permits district courts to deny last-minute substitutions to prevent manipulation and disruption)
McKee v. Harris, 649 F.2d 927 (2d Cir. 1981) (discusses good-cause standards for substitution where conflicts exist)
Rinehart v. State, 883 So.2d 573 (Miss. 2004) (outline of counsel duties: minimum competence and loyalty)
Rowsey v. State, 188 So.3d 486 (Miss. 2015) (personality conflicts alone do not establish an actual conflict when counsel is competent)
Puckett v. State, 879 So.2d 920 (Miss. 2004) (defendant must show how missing witnesses or evidence would have changed outcome)