Robert Simon, Jr. v. State of Mississippi

Summary

The Supreme Court of Mississippi considers Robert Simon Jr.'s petitions for post-conviction relief from three capital-murder convictions and death sentences arising from the murders of members of the Parker family. The court addresses procedural bars and the merits of claims involving ineffective assistance of counsel, disclosure under Brady v. Maryland, double jeopardy, confession admissibility, and sentencing mitigation. The petitions and motion for leave to proceed in the trial court were denied.

Holdings

1. Claims capable of being raised at trial or on direct appeal are waived and procedurally barred absent cause and actual prejudice; issues actually decided at trial or on direct appeal are barred by res judicata.
2. Simon failed to establish ineffective assistance because he did not show both objectively deficient performance and a reasonable probability of prejudice under Strickland.
3. Counsel was not ineffective for failing to present evidence of Simon's alleged childhood abuse because the record did not show counsel knew or had reason to know of the abuse, and Simon could not establish a reasonable probability that the evidence would have changed the death sentences.
4. Simon was not entitled to relief on his Brady claim because the prior testimony was of doubtful exculpatory character and, even assuming suppression, was not material and did not affect the outcome.
5. The Double Jeopardy Clause did not bar death sentences for the separate murders of Carl, Bobbie Joe, and Gregory Parker merely because Simon previously received a life sentence for Charlotte Parker's separate murder after the jury deadlocked on punishment.

Questions Presented

1. Whether Simon's claims of ineffective assistance of trial counsel during the guilt and sentencing phases warranted post-conviction relief or an evidentiary hearing.
2. Whether the State violated Brady v. Maryland by failing to provide a transcript of officer Thomas's testimony from Anthony Carr's trial.
3. Whether imposing death sentences for the murders of Carl, Bobbie Joe, and Gregory Parker violated the Double Jeopardy Clause because Simon previously received a life sentence after the jury failed to agree on death for Charlotte Parker's murder.
4. Whether additional claims concerning interrogation counsel, venue, jury composition, confession admissibility, Batson, judicial bias, jury racial hostility, and jury-roll preparation were procedurally barred.

Disposition

other