Hubert Milton Rinehart v. State of Mississippi

No. 2002-KA-00723-SCT · Supreme Court of Mississippi · November 15, 2001 · No. No. 2002-KA-00723-SCT

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

  1. 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.
  2. 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.
  3. 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.
  4. 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

  1. Whether the trial court abused its discretion by denying Rinehart's motion for a continuance and request to obtain counsel of his choosing.
  2. Whether Rinehart established ineffective assistance of counsel under the Sixth Amendment.
  3. Whether the trial court erred in denying Rinehart's motion for judgment notwithstanding the verdict.
  4. 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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