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Morgan v. Mitchell

Habeas court's finding that defendant was harmed by his appellate counsel's failure to raise the ineffectiveness of trial counsel was unsupported, since there was no evidence that defendant would not have been convicted if trial counsel had pushed to have his trial severed from that of his co-defendant.

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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 his brother were tried together on those charges.2 Appellee was convicted of voluntary manslaughter and illegal firearm possession, and was sentenced to 25 years imprisonment.3 After his conviction, appellee obtained appellate counsel to pursue his appeal to the Court of Appeals, which affirmed his manslaughter conviction.4 This Court denied appellee’s petition for certiorari.

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