Opinion
2009-DR-01565-SCT
11-12-2015
William Matthew Wilson a/k/a Willie v. State of Mississippi
EN BANC
Lee Circuit Court;
LC Case #: CR05-635;
Ruling Date: 05/30/2007;
Ruling Judge: Thomas Gardner, III;
Disposition: The Motion to Expand the Scope of Claims to be addressed in Evidentiary Hearing filed by William Matthew Wilson is denied. The trial court shall proceed to consider the issues the Court previously designated for remand: (1) claims of ineffective assistance of counsel, including counsel's failure to communicate with Wilson, to investigate the case, to prepare for the penalty phase, to present adequate mitigation evidence, and to research the consequences of a defendant's waiver of a jury at sentencing; and (2) whether "his waiver of a jury during his sentencing trial was not knowingly, intelligently, and voluntarily entered and whether that waiver was procedurally flawed." To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.