Osbourne v. Mississippi

Bobby Osbourne was convicted of aggravated assault, following a jury trial. Osbourne appealed, claiming that his trial counsel was constitutionally ineffective for numerous reasons: (1) for failing to move for a mistrial after discovering at trial that the handwritten notes taken by one of investigators, who had taken a statement from Osbourne, had not been provided to Osbourne’s defense before trial; (2) for failing to investigate possible exculpatory evidence; (3) for failing to perfect Osbourne’s direct appeal; and (4) for failing to obtain video evidence that corroborated Osbourne’s trial testimony. The State argued the only ineffective-assistance claim that could be addressed on this record was the claim that Osbourne’s trial counsel failed to perfect a direct appeal from Osbourne’s conviction. Accordingly, the State declined to stipulate that the record was adequate to address Osbourne’s remaining ineffective-assistance claims. The Mississippi Supreme Court agreed with the State: given the record before the Supreme Court, it addressed only the ineffective-assistance claim pertaining to trial counsel’s purported failure to perfect a direct appeal, and found no merit to Osbourne’s contention it entitled him to relief. View "Osbourne v. Mississippi" on Justia Law