Bennett v. Mississippi
Annotate this CaseIn February 2003, Devin Bennett was found guilty of capital murder, and a jury sentenced him to death. The Mississippi Supreme Court affirmed Bennett’s conviction and sentence on appeal. In 2006, Bennett sought leave from the Court to file a motion for post-conviction relief. The Supreme Court ultimately determined that Bennett was entitled to seek post-conviction relief on his claim of ineffective assistance of counsel during the penalty phase of his trial. Bennett filed his PCR petition on October 1, 2008, and an amended petition on May 16, 2012. On March 25, 2021, the circuit court held an evidentiary hearing, and it ultimately denied Bennett’s amended petition. Bennett appealed again, but the Supreme Court upheld the denial: "while counsel might be faulted for not more thoroughly investigating the alternative mitigation case Bennett presented at the PCR hearing, we cannot find any reasonable probability that doing so would have led to a different outcome. In fact, although Bennett had fifteen years to assemble an alternative mitigation case, we agree with the trial judge that the additional evidence would have hurt Bennett more than it helped him."
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