Summary
The Mississippi Supreme Court, on motion for rehearing, substituted its opinion and affirmed Hubert Milton Rinehart’s murder conviction and life sentence. The court rejected claims concerning denial of a continuance, ineffective assistance of counsel, and denial of a motion for judgment notwithstanding the verdict or a new trial.
Holdings
- The trial court did not abuse its discretion in denying Rinehart's day-of-trial motion for a continuance or his request to replace appointed counsel because he had two appointed attorneys, had sufficient prior opportunity to obtain private counsel, and failed to show substantial prejudice.
- Rinehart failed to establish ineffective assistance of counsel because he did not show that counsel's performance was objectively deficient or that the alleged deficiency prejudiced the defense.
- The trial court properly denied Rinehart's motion for J.N.O.V. because, viewing the evidence in the light most favorable to the State, reasonable jurors could find that he murdered Roberts.
- The trial court properly denied the motion for a new trial because the verdict did not constitute an unconscionable injustice and Rinehart presented no basis warranting a new trial.
Questions Presented
- Whether the trial court abused its discretion by denying Rinehart's motion for a continuance and request to obtain counsel of his choosing.
- Whether Rinehart established ineffective assistance of counsel under the Sixth Amendment.
- Whether the trial court erred in denying Rinehart's motion for judgment notwithstanding the verdict.
- Whether the trial court erred in denying Rinehart's motion for a new trial because the verdict was against the overwhelming weight of the evidence.
Disposition
affirmed
Cases Cited (13)
- Atterberry v. State, 667 So. 2d 622, 628-30 (Miss. 1995)(followed)
- Jackson v. State, 538 So. 2d 1186, 1189 (Miss. 1989)(followed)
- Strickland v. Washington, 466 U.S. 668, 687-88, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984)(followed)
- Stringer v. State, 454 So. 2d 468 (Miss. 1984)(followed)
- Temple v. State, 679 So. 2d 611, 613-14 (Miss. 1996)(followed)
- Cabello v. State, 524 So. 2d 313, 315 (Miss. 1988)(followed)
- Wheat v. United States, 486 U.S. 153, 158, 108 S. Ct. 1692, 1696, 100 L. Ed. 2d 140 (1988)(followed)
- Armstrong v. State, 573 So. 2d 1329, 1331 (Miss. 1990)(followed)
- Woodward v. State, 533 So. 2d 418, 426-27 (Miss. 1988)(followed)
- Shelton v. Kindred, 279 So. 2d 642, 644 (Miss. 1973)(followed)
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Cited In (0)
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Court Document
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