Morgan v. Mitchell

Sears, Justice.

Appellant Warden Timothy J. Morgan and the Phillips Correctional Institution (collectively “appellant”) appeal the habeas court’s grant of appellee Charles Jefferson Mitchell’s (“appellee’s”) Petition for Writ of Habeas Corpus. Having reviewed the matter, we conclude that the habeas court erred in concluding that appellee was prejudiced by the ineffective assistance of appellate counsel. Therefore, we reverse.

Appellee was charged, along with his brother, Stephen Mitchell, and a friend, Kyle Spell, with malice murder, felony murder, and illegal firearm possession.1 Appellee and…