Doss v. State

Summary

The Supreme Court of Mississippi considers Anthony Doss's application for leave to file a motion to vacate his capital-murder conviction and death sentence. The court grants leave for an evidentiary hearing on ineffective assistance of counsel during the penalty phase and mental retardation under Atkins v. Virginia, while denying relief on the remaining claims.

Holdings

1. Doss made a sufficient showing under Strickland to proceed in the circuit court on his claim that counsel performed deficiently by failing to investigate and present available mitigating evidence during the death-penalty sentencing phase.
2. Doss satisfied the threshold showing required to present an Atkins claim in the circuit court, and the circuit court must determine the claim under the standards and procedures adopted in Chase v. State.
3. Doss was denied leave to proceed on the juror-dishonesty, shackling, guilt-phase ineffective-assistance, avoiding-arrest, proportionality, and cumulative-error claims.

Questions Presented

1. Whether Doss was entitled to post-conviction relief or an evidentiary hearing because a juror failed to disclose a prior civil relationship with the district attorney.
2. Whether Doss's conviction should be reversed because jurors allegedly saw him shackled during trial.
3. Whether trial counsel was ineffective for failing to preserve issues that were procedurally barred on direct appeal.
4. Whether trial counsel was ineffective during the penalty phase for failing to investigate and present available mitigating evidence.
5. Whether Doss was entitled to proceed on a claim that he was intellectually disabled and therefore constitutionally ineligible for execution under Atkins v. Virginia.
6. Whether the avoiding-arrest aggravating circumstance was improperly submitted to the jury.
7. Whether Doss's death sentence was disproportionate because he was not the shooter or principal instigator.
8. Whether the cumulative effect of alleged errors required a new trial or sentencing hearing.

Disposition

other