Daner Ford a/k/a Danner Ford a/k/a Dana Ford v. State of Mississippi

Summary

The Supreme Court of Mississippi affirmed Daner Ford’s convictions for murder, a firearm enhancement, and possession of a firearm by a convicted felon, together with his sentence as a habitual offender. The court rejected challenges concerning improper witness testimony and mistrial, a flight instruction, ineffective assistance of counsel, and the habitual-offender sentencing procedure. The opinion was issued per curiam on September 22, 2016.

Holdings

1. The trial court did not abuse its discretion by denying a mistrial and instructing the jury to disregard the witness's statement about Ford's alleged 1994 shooting of the witness.
2. The trial court did not abuse its discretion by giving the jury a flight instruction.
3. Ford failed to establish ineffective assistance of counsel.
4. The trial court properly sentenced Ford as a habitual offender and did not err by failing to conduct the type of bifurcated hearing Ford asserted was required.

Questions Presented

1. Whether the trial court abused its discretion by denying a mistrial and instructing the jury to disregard a witness's testimony that Ford had shot the witness in 1994.
2. Whether the trial court abused its discretion by giving a flight instruction based on Ford's hiding in his mother's attic before his arrest.
3. Whether Ford received ineffective assistance of counsel when counsel elicited testimony concerning a codefendant's conviction and failed to object, or withdrew an objection, to testimony about Ford's threats.
4. Whether the trial court improperly sentenced Ford as a habitual offender without a proper bifurcated sentencing hearing or a meaningful opportunity to contest the habitual-offender allegations.

Disposition

affirmed