Legal Opinion

Cooper v. State

Court of Appeals of Mississippi

Decided August 23, 2011No. 2009-CA-02031-COAPublishedCited by 3 opinions

1Opinion of the Court

MAXWELL, J., for the court:

¶ 1. Jonathan Cooper appeals the Washington County Circuit Court’s denial of his motion for post-conviction relief (PCR). Cooper argues his attorneys were ineffective in moving to amend his indictment to include the phrase “not in necessary self-defense” rather than attempting to quash it based on the absence of that phrase. He also argues his attorneys rendered ineffective assistance in several respects in dealing with the testimony of the State’s expert in forensic pathology, Dr. Shephen Hayne. Because Cooper has failed to show (1) deficiency and (2) prejudice…

2Cases cited28 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Rowland v. StateMississippi Supreme Court · 2010
  3. Brooks v. StateMississippi Supreme Court · 1990
  4. Vielee v. StateMississippi Supreme Court · 1995
  5. United States v. Kenneth Karl KimlerCourt of Appeals for the Fifth Circuit · 1999

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3Cited by3 opinions

  1. Brandon v. StateCourt of Appeals of Mississippi · 2013
  2. Lawrence v. StateCourt of Appeals of Mississippi · 2012
  3. Theotus Barnett v. State of MississippiCourt of Appeals of Mississippi · 2015

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