Summary of Offense:
Was sentenced in Adams County in March 1994 for the August 1992 murder of Natchez convenience store clerk Martha Day. Day was shot four times and died at the scene.
Summary of Offense:
Was sentenced in Adams County in March 1994 for the August 1992 murder of Natchez convenience store clerk Martha Day. Day was shot four times and died at the scene.
Miss. Supreme Court to review post-conviction appeals in death row cases
JACKSON, Miss. — The post-conviction appeal of death row inmate Joseph Patrick Brown has made its way back to the Mississippi Supreme Court.
In 2009, Brown's case was among nine death row post-conviction appeals in which the Supreme Court had asked trial judges why they have not ruled — or scheduled hearings.
Brown's claims of ineffective counsel were heard in Adams County Circuit Court in 2004. But no ruling had been issued. The trial judge issued a ruling denying the petition in 2010.
In a post-conviction petition, an inmate argues he has found new evidence — or a possible constitutional issue — that could persuade a court to order a new trial.
Brown's case is among dozens the Supreme Court will consider during its November-December term.
http://www.therepublic.com/view/stor...Penalty-Cases/
Brown's appeal was denied.
In 1994, Defendant Joseph Patrick Brown (a.k.a. Peanut Brown) was convicted of capital murder for shooting a convenience-store clerk to death on August 8, 1992, during the commission of an armed robbery. Defendant was sentenced to death by lethal injection. His conviction and sentence were affirmed by the Supreme Court. On March 17, 1998, Defendant filed an application for post-conviction relief, which the Supreme Court granted in part, for the sole purpose of determining whether Defendant's trial counsel was ineffective for failing to seek an independent psychological evaluation of Defendant for use as mitigation evidence. A special judge appointed to hear the matter denied Defendant's petition for post-conviction relief, and Defendant appealed. Upon review, the Supreme Court concluded the trial court did not abuse its discretion in denying Defendant's motion for discovery, as he failed to show "good cause" for his request. Furthermore, Defendant did not demonstrate that his trial counsel was ineffective in not introducing, as mitigation, a report of Defendant's psychological evaluation or in further investigating Defendant's psychological state. The Court therefore affirmed the trial court's decision to deny Defendant's petition for post-conviction relief.
http://courts.ms.gov/Images/Opinions/CO74928.pdf
On February 29, 2012, Brown filed a habeas petition in Federal District Court.
http://dockets.justia.com/docket/mis...2cv00091/79094
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