Carr v. State

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Questions Presented

1. Whether the prosecution knowingly presented false testimony from Anthony Washington.
2. Whether the prosecution suppressed exculpatory or impeachment evidence in violation of Brady v. Maryland.
3. Whether alleged defects in the investigation and interrogation constituted fruit of the poisonous tree.
4. Whether the prosecutor's use of demonstrative evidence constituted prosecutorial misconduct warranting post-conviction relief.
5. Whether trial counsel was ineffective during the penalty phase for failing adequately to investigate and present mental-retardation and abuse evidence, prepare for sentencing, and preserve off-the-record discussions.
6. Whether sufficient evidence supported Carr's conviction for murdering Bobbie Jo Parker.
7. Whether extraneous information or outside influences impermissibly affected the jury.
8. Whether Carr was entitled to pursue an Atkins claim concerning his eligibility for the death penalty.
9. Whether the alleged errors cumulatively warranted post-conviction relief.

Holdings

1. Carr was not entitled to post-conviction relief on his Brady claims because he failed to establish the required elements, including that the evidence could not have been obtained through reasonable diligence and that disclosure would probably have changed the outcome.
2. Carr failed to prove that trial counsel rendered ineffective assistance because he did not establish both deficient performance and prejudice.
3. The circumstantial evidence was sufficient to establish beyond reasonable doubt that the charred remains found in the Parker home were those of Bobbie Jo Parker.
4. Carr was not entitled to an investigation or relief based on alleged bailiff misconduct and extraneous information because contradictory affidavits and the absence of factual support failed to establish good cause for believing that the jury had been improperly influenced.
5. Because Carr was sentenced before Atkins and had not received a determination under the standards adopted in Chase v. State, he was entitled to present his claim of intellectual disability to the trial court.
6. The court found no cumulative errors warranting post-conviction relief apart from the Atkins claim.

Key quotations

Factual background

Carr was convicted and sentenced to death for the murders of Carl Parker, Bobbie Jo Parker, and their two children during a robbery and arson at the Parker home. The prosecution's evidence included Carr's connection to the Parkers' stolen truck and property, his fingerprint on a shotgun found in the truck, statements to a jail inmate, and evidence linking him to the victims' property. Carr later presented post-conviction claims concerning alleged false testimony, suppressed evidence, counsel's handling of mitigation and mental retardation evidence, jury exposure to outside influences, and his eligibility for execution under Atkins.

Procedural history

Carr was convicted in Alcorn County of four counts of capital murder and sentenced to death in 1990. The Mississippi Supreme Court affirmed the convictions and sentences on direct appeal in Carr v. State, 655 So. 2d 824 (Miss. 1995), and the United States Supreme Court denied certiorari. In this post-conviction proceeding, the court rejected all claims except the Atkins claim and authorized an evidentiary hearing in the trial court concerning Carr's mental status and eligibility for execution.

Remand instructions

Carr was granted leave to proceed in the trial court with an evidentiary hearing under Atkins and Chase to determine whether he is intellectually disabled and therefore ineligible for execution. The trial court may consider Dr. Kallman's prior evaluation and any new evidence. If Carr is found to meet the applicable criteria, the death sentence should be vacated and he should be resentenced.