Opposition Brief — Willie Cory Godbolt, Petitioner v. Mississippi

Supreme Court briefMar 12, 2025

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No. 24-6257

IN THE

Supreme Court of the United States

————

WILLIE CORY GODBOLT,

Petitioner,

v.

THE STATE OF MISSISSIPPI,

————

Respondent.

On Petition for a Writ of Certiorari to the

Supreme Court of Mississippi

————

BRIEF IN OPPOSITION

————

LYNN FITCH

Attorney General

ALLISON KAY HARTMAN

Special Assistant

Attorney General

Counsel of Record

MISSISSIPPI ATTORNEY

GENERAL’S OFFICE

P.O. Box 220

Jackson, MS 39205-0220

Allison.Hartman@ago.ms.gov

(601) 359-3840

Counsel for Respondent

CAPITAL CASE

QUESTION PRESENTED

Petitioner murdered eight people during an hours-long killing spree. A jury

convicted him of capital murder (among other crimes) and sentenced him to death.

The Mississippi Supreme Court affirmed, rejecting (among other claims) petitioner’s

challenges to four evidentiary rulings, to a ruling on a psychiatric evaluation of

petitioner, and to trial counsel’s performance. The petition for certiorari presses those

six challenges.

The question presented is whether this Court should review the Mississippi

Supreme Court’s fact-bound rejection of petitioner’s claims when that decision

correctly applies settled legal standards, does not raise any lower-court conflict, and

does not present any recurring question of federal law warranting this Court’s

intervention?

ii

TABLE OF CONTENTS

Page

QUESTION PRESENTED ............................................................................................. i

TABLE OF AUTHORITIES ......................................................................................... iii

OPINION BELOW......................................................................................................... 1

JURISDICTION............................................................................................................. 1

STATEMENT ................................................................................................................. 1

REASONS FOR DENYING THE PETITION ............................................................ 12

CONCLUSION............................................................................................................. 27

BIO APPENDIX

Feb. 7, 2018 Report, State of Mississippi Office of the Attorney General Cyber

Crime Center, Mississippi v. Godbolt, Case No. 2018-064-LS (Def.’s Ex. 26)

iii

TABLE OF AUTHORITIES

Page(s)

Cases

Abel v. United States,

362 U.S. 217 (1960) ................................................................................................. 20

Ake v. Oklahoma,

470 U.S. 68 (1985) .............................................................................................. 24, 25

Anderson v. Suiters,

499 F.3d 1228 (10th Cir. 2007) ................................................................................ 15

Arizona v. Youngblood,

488 U.S. 51 (1988) .................................................................................................... 23

Berger v. Hanlon,

129 F.3d 505 (9th Cir. 1997), vacated and remanded by 526 U.S. 808 (1999),

judgment reinstated by 188 F.3d 1155 (9th Cir. 1999) ........................................... 15

Brady v. Maryland,

373 U.S. 83 (1963) ........................................................................................ 11, 21, 22

Branzburg v. Hayes,

408 U.S. 665 (1972) ............................................................................................ 15, 16

Brentwood Academy v. Tennessee Secondary School Athletic Ass’n,

531 U.S. 288 (2001) ............................................................................................ 14, 15

California v. Carney,

471 U.S. 386 (1985) .................................................................................................. 20

Chimel v. California,

395 U.S. 752 (1969) .................................................................................................. 19

Edwards v. Arizona,

451 U.S. 477 (1981) .................................................................................................. 18

Fellers v. United States,

540 U.S. 519 (2004) .................................................................................................. 18

Franks v. Delaware,

438 U.S. 154 (1978) .................................................................................................. 19

Haynes v. Washington,

373 U.S. 503 (1963) .................................................................................................. 18

iv

Hester v. United States,

265 U.S. 578 (1924) .................................................................................................. 20

Horton v. California,

496 U.S. 128 (1990) .................................................................................................. 20

In re Roche,

448 U.S. 1312 (1980) ................................................................................................ 15

Kentucky v. Stincer,

482 U.S. 730 (1987) .................................................................................................. 14

Maine v. Moulton,

474 U.S. 159 (1985) .................................................................................................. 18

Massaro v. United States,

538 U.S. 500 (2003) .................................................................................................. 26

Miranda v. Arizona,

384 U.S. 436 (1966) .................................................................................... 5, 9, 16, 17

New York v. Quarles,

467 U.S. 649 (1984) .................................................................................................. 17

Nix v. Williams,

467 U.S. 431 (1984) .................................................................................................. 21

Ross v. State,

288 So. 3d 317 (Miss. 2020) ..................................................................................... 26

Strickland v. Washington,

466 U.S. 668 (1984) .................................................................................................. 25

Strickler v. Greene,

527 U.S. 263 (1999) ............................................................................................ 21, 22

Texas v. Brown,

460 U.S. 730 (1983) .................................................................................................. 20

United States v. Agurs,

427 U.S. 97 (1976) .................................................................................................... 22

United States v. Briscoe,

101 F.4th 282 (4th Cir. 2024)................................................................................... 22

United States v. Erickson,

561 F.3d 1150 (10th Cir. 2009) ................................................................................ 22

v

United States v. Nixon,

418 U.S. 683 (1974) .................................................................................................. 16

United States v. Ramos,

27 F.3d 65 (3d Cir. 1994).......................................................................................... 22

Wood v. Bartholomew,

516 U.S. 1 (1995) (per curiam) ................................................................................. 22

Constitutional Provisions

U.S. Const. amend. I ........................................................................................ 13, 14, 15

U.S. Const. amend. IV ..................................................................................... 11, 18, 19

U.S. Const. amend. V................................................................................................... 16

U.S. Const. amend. VI ......................................................................... 13, 14, 16, 18, 25

U.S. Const. amend. VIII .............................................................................................. 24

U.S. Const. amend. XIV ............................................................................. 13, 16, 21, 24

Statute

28 U.S.C. § 1257 ............................................................................................................. 1

1

OPINION BELOW

The Mississippi Supreme Court’s opinion affirming petitioner Willie Cory

Godbolt’s convictions and sentences (Petition Appendix (App.) 1-84) is not yet

reported but is available at 2024 WL 976588.

JURISDICTION

The Mississippi Supreme Court entered judgment on March 7, 2024, and

denied rehearing on May 23, 2024. App.1, 85. A petition for certiorari was filed on

August 21, 2024. This Court’s jurisdiction is invoked under 28 U.S.C. § 1257(a).

STATEMENT

Petitioner murdered eight people. A jury convicted him of four counts of capital

murder, four counts of first-degree murder, two counts of kidnapping, one count of

attempted murder, and one count of armed robbery. He was sentenced to death for

each capital-murder conviction and to six life sentences and two 20-year terms for his

other convictions. On direct appeal, the Mississippi Supreme Court affirmed the

convictions and sentences. The petition for certiorari arises from that decision.

1. On May 27, 2017, petitioner dropped off his two children at a Memorial Day

barbeque at the home of his in-laws, Vincent and Barbara Mitchell, in Bogue Chitto,

Mississippi. App.2. Petitioner’s estranged wife Sheena, who was living at the Mitchell

home, attended the barbeque with her parents Vincent and Barbara, sister Tocarra

May, aunt Brenda May, niece Tamarya May, and others. App.2-3. That evening,

petitioner texted Sheena that he was coming back for their children and that he loved

his family and wanted it to remain intact. App.3. Sheena replied that she “no longer

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wanted to be with [him] because he had hurt her” and that she would call the police

if he returned. Ibid. Petitioner came back anyway and Sheena called 911. Ibid.

Sheriff’s Deputy William Durr responded to the 911 call at the Mitchell home

after 11 pm. App.3. He told petitioner to leave the house. Ibid. Petitioner pulled out

a concealed pistol and shot Deputy Durr in the face. App.3-4. As the deputy lay dying,

petitioner began shooting at other people in the house. App.4. Petitioner then went

back to his car, retrieved two assault rifles, and reentered the house to continue

shooting. App.4, 6. He shot and killed Tocarra May and Brenda May near the kitchen

and Barbara Mitchell in the living room. App.4, 14. Sheena went into a bedroom,

broke a window, and ran with her children into the surrounding woods to hide. App.4.

Vincent Mitchell hid in a bathroom and called 911. Ibid. Tamarya May, who hid in a

parked car in the driveway, also called 911. App.4-5.

A second deputy, Timothy Kees, soon arrived at the Mitchell home and heard

gunshots. App.5. As Deputy Kees got out of his car, petitioner exited the house and

began shooting at him. Ibid. After trading fire with petitioner, Deputy Kees returned

to his car to retrieve his own rifle but lost sight of petitioner. Ibid. More officers then

arrived. Ibid. They believed that petitioner had barricaded himself inside the house.

Ibid. In fact, petitioner had escaped into the woods on foot. App.5-6.

Around midnight, petitioner arrived at the home of the Mitchells’ neighbor,

Lapeatra Stafford. App.6. He was still armed with the pistol and assault rifles. App.6,

8. After forcing his way into Lapeatra’s home, petitioner told her, “I done fucked up.

I done shot the police.” App.6. He then made Lapeatra get into her van and drive him

to the home of his friend, Marvin Brumfield, at gunpoint. App.6-7. During the drive,

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petitioner called his sister and told her that he had shot a police officer and Sheena’s

family members. App.6. Petitioner’s sister added a cousin—who was chief deputy of

the sheriff’s department—to a three-way call. Ibid. Petitioner told the chief deputy

that he “wasn’t coming out of the house.” Ibid. After the call, petitioner told Lapeatra

that he “had time” because police “think that I’m [still] in the [Mitchells’] house.” Ibid.

Petitioner and Lapeatra arrived at Marvin Brumfield’s home later that night.

App.7. Petitioner told Marvin that “he had shot four people” and that “he was tired

of people interfering in his marriage.” Ibid. Marvin tried to convince petitioner to turn

himself in. Ibid. Marvin, Lapeatra, and petitioner then got into Lapeatra’s van. Ibid.

Petitioner confirmed to Marvin that he had killed Deputy Durr, Brenda May, Tocarra

May, and Barbara Mitchell. Ibid. Petitioner then forced Lapeatra to drive to the home

of Shon (petitioner’s cousin) and Tiffany Blackwell (a friend of Sheena’s). Ibid.

When they arrived at the Blackwells’ home, petitioner approached the house

armed with the pistol and assault rifles. App.8. Shon and Tiffany were not home: they

had learned about the shooting at the Mitchell house and left to pick up Sheena.

App.7-8. But several children remained at their house, including the Blackwells’ son

J.B., Tiffany’s nephews A.E. and C.E., and family friends X.L. and K.P. App.8. After

Marvin unsuccessfully tried to restrain him, petitioner shot through the door and

went inside. Ibid. As the children ran for cover, petitioner asked 18-year-old J.B.

where his parents were. Ibid. After J.B. said that they had gone to the Mitchells’

home, petitioner shot and killed J.B. and 11-year-old A.E. App.8-9. Petitioner then

forced X.L. at gunpoint to drive him away in a different car. App.9. During the drive,

petitioner logged into his wife Sheena’s Facebook account and messaged Tiffany, “Pay

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back bitch fuck up my family now it’s yours hoe.” Ibid. The children who survived the

shooting at the Blackwells’ house called 911. Ibid.

Petitioner next forced X.L. to make several stops and to change cars. App.9-10.

During one stop, petitioner held his neighbors Henry and Alfred Bracey at gunpoint

and demanded keys to a car, which they handed over. App.10. During a stop at

petitioner’s aunt’s house, petitioner threatened to shoot X.L. unless he was given keys

to yet another car, which he also received. Ibid. Petitioner then forced X.L. to drive

him to the home of Shelia (at times incorrectly called “Sheila” in the record and

opinion below) and Ferral Burage, friends of petitioner and Sheena. App.10-11.

Petitioner and X.L. arrived at the Burages’ home early in the morning, and

petitioner let X.L. leave. App.10-11. When petitioner was not immediately let inside

the house, he began shooting through the door. App.11. Shelia, Ferral, and another

person in the house, O.M., ran for cover. Ibid. Once petitioner broke in, he fatally shot

both Shelia and Ferral while O.M. hid. Ibid. Before petitioner killed him, Ferral

managed to retrieve his gun and shoot petitioner in the arm. App.11, 12-13. Shelia

had been on the phone when petitioner arrived. App.11. The person Shelia was

talking to heard gunshots and called 911. Ibid.

Before leaving the Burages’ home, petitioner called his older brother. App.11.

He told his brother that “he had shot and killed [Shelia] and Ferral” and that Ferral

“had shot him.” Ibid. Petitioner also told his brother “to take care of his kids.” Ibid.

Around 6 am, police were dispatched to the Burage residence. App.11-12. When

they arrived, they saw petitioner standing just off the road. App.12. The officers

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ordered him to lie on his stomach and arrested him. Ibid. Two officers pressed on

petitioner’s back while a third put pressure on his legs to keep him from kicking. Ibid.

As petitioner was arrested, a reporter with the Clarion-Ledger newspaper,

Therese Apel, arrived at the scene and began filming. App.12. Apel’s videos, which

were played at petitioner’s trial, depicted exchanges petitioner had with Apel and

with police. Ibid.; see App.42-45. While petitioner was held on the ground, an officer

asked him “exactly where the scene was located.” App.12. Petitioner’s “response in

the video [was] unintelligible,” but “officers repeated the number of the home

belonging to the Burages” and “rushed to the scene.” Ibid. Petitioner then told police

exactly where Shelia’s and Ferral’s bodies were in the house. Ibid. An officer next

asked petitioner if he had been shot; petitioner said yes. Ibid. The officer directed a

medic to attend to him. Ibid. Another officer then asked petitioner, “who shot you?”

App.13. He responded, “the guy in the house.” Ibid. Petitioner also told officers that

“he could tell [them] where more victims were located” if they stopped holding his

legs. Ibid. A sergeant then read petitioner his Miranda rights. Ibid. Petitioner

“responded that he understood his rights” and he “continued to speak to law

enforcement.” Ibid. The officers moved petitioner into a seated position, and the medic

attended to his gunshot wound. Ibid. Petitioner then stated that “there were no more

victims” and that he said there were only because he “wanted to sit up.” Ibid.

Petitioner soon noticed Apel filming and asked her, “you the police, ma’am?” Ibid.

Apel responded, “I’m the media.” Ibid. Petitioner told Apel, “I fucked my eardrum up,

man, shooting that gun.” Ibid. Apel asked petitioner, “Do you want to say why you

did all this?” Ibid. Petitioner replied, “Because I love my wife and I love my children.”

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Ibid. Apel asked, “So what about Deputy Durr’s wife and children?” Ibid. Petitioner

responded, “I’m sorry ... . My pain wasn’t designed for him. He was just there.” Ibid.

Petitioner killed eight people. App.13-14. He shot all of them multiple times:

Deputy Durr three times; Brenda May five; Tocarra May nine; Barbara Mitchell

eight; J.B. four; A.E. four; Ferral Burage twelve; and Shelia Burage two. App.14.

2. Petitioner was indicted on twelve counts: four counts of capital murder

(Deputy Durr, J.B., A.E., and Shelia Burage); four counts of first-degree murder

(Tocarra May, Brenda May, Barbara Mitchell, and Ferral Burage); two counts of

kidnapping (Lapeatra Stafford and X.L.); one count of attempted murder (Deputy

Kees); and one count of armed robbery (the Braceys). App.17.

Before trial, petitioner’s counsel moved to suppress statements he made during

his arrest to reporter Therese Apel and to police (App.42-43, 44-45) as well as evidence

recovered from searches of petitioner’s home, car, and electronic devices (App.45-46).

The State decided not to use at trial any evidence from petitioner’s phones (App.45),

and the trial court otherwise denied petitioner’s motions to suppress (App.42, 44, 45).

For its part, the State moved for petitioner to undergo a mental evaluation, but

petitioner’s counsel objected to that request. App.52. Counsel also declined to ask the

trial court to enforce an initial order for petitioner’s psychiatric evaluation entered by

the justice-court judge who handled petitioner’s preliminary hearing. Ibid.

Petitioner’s case proceeded to trial. At the guilt phase, the State introduced

evidence (described above) that petitioner committed four capital and four firstdegree murders, two kidnappings, attempted murder, and armed robbery. App.13-18.

7

Besides eyewitness testimony from survivors of petitioner’s attacks, several

witnesses connected petitioner to the weapons and killings. A weapons expert

confirmed that projectiles found at all three murder scenes were fired from a handgun

and two rifles that police recovered from the Burage residence. App.14-15. A pawnshop owner testified that he sold two of those guns to petitioner and one to petitioner’s

wife Sheena. App.15. And a crime-scene investigator testified that DNA evidence

recovered from a blood trail at the Burage residence matched petitioner’s DNA. Ibid.

The State also introduced evidence of petitioner’s past acts “to show motive.”

App.15-17. Sheena testified that petitioner “physically abused her throughout their

marriage, resulting in at least one trip to the hospital.” App.16. That testimony was

corroborated by Sheena and petitioner’s daughter, M.G., who testified that she saw

petitioner “hit her mother numerous times.” Ibid. M.G. testified that she too was

“physical[ly] abuse[d]” by petitioner, who “always used to beat [her] with a bat.” Ibid.

M.G. also told the jury that petitioner had placed a gun in his car and several guns

on his bed on the day of the murders—which was “unusual”—and that she saw

petitioner watching instructional videos about his guns hours before the murders.

Ibid. She testified that, just before dropping her and her brother off at the Mitchells’

house on the day of the murders, petitioner said that “he would die or kill before he

let [his children] stay with anybody else.” Ibid.

Last, Sheena, M.G., and Vincent Mitchell testified about a prior assault on

M.G. at the Mitchells’ house, which “provide[d] some context” for petitioner’s crimes.

App.16-17. A year before the murders, M.G.’s male cousin “touched her

inappropriately.” App.16. Vincent saw the assault and removed the cousin. Ibid.

8

Petitioner wanted to press charges against the cousin for assault and against Barbara

and Vincent Mitchell for failing to prevent it, but Sheena refused. App.16-17.

Defense counsel argued to the jury that petitioner lost control due to pressure

on his marriage and family life. E.g., Pet. 3; App.3, 7, 16-17, 25-26. Counsel tried to

convince the jury to convict petitioner of manslaughter rather than capital and firstdegree murder. See Pet. 17, 26.

The jury found petitioner guilty on all counts. App.17.

At the penalty phase, the State reintroduced “all” the guilt-phase evidence and

“presented two victim impact witnesses for each capital[-]murder victim.” App.17.

Defense counsel introduced mitigation testimony from a clinical psychologist and

from petitioner’s siblings, aunt, pastor, former teacher, and friend. App.17-18. Those

witnesses “developed themes of three traumatic events” in petitioner’s life: “the

separation of his parents prior to his birth and his father’s subsequent remarriage”;

“his father’s murder perpetrated by [petitioner’s] step-mother”; and “an occurrence of

sexual abuse” of petitioner “when he was a young man.” App.18.

Petitioner was sentenced to death for each capital-murder conviction and to six

life sentences and two 20-year terms for his other convictions. App.2, 18.

3. Petitioner appealed, raising 19 issues—some pro se and some through

counsel. App.18-20. The Mississippi Supreme Court affirmed across the board. App.2,

66; see App.20-66. Six of the court’s rulings matter here.

First, the supreme court rejected petitioner’s claim that the trial court should

have excluded from trial the statements he made to reporter Therese Apel. App.4243. Petitioner claimed that Apel acted as an agent of law enforcement and improperly

9

questioned him on the State’s behalf without a knowing waiver of his rights. App.42.

The supreme court rejected that claim. At a pre-trial hearing, Apel testified that she

went to the scene of petitioner’s arrest after “receiv[ing] a phone call” during the night

“informing her that a deputy had been killed.” App.42. She said that she had “friends

[in] law enforcement,” that “officers were often her sources,” and that she “previously

worked for the department of public safety.” App.42-43. Apel refused to disclose her

source but testified that “she was not directed by any member of law enforcement to

go to the scene” of petitioner’s arrest “or to ask [him] any questions.” App.42.

(emphasis omitted). Upholding the trial court’s admission of petitioner’s statements,

the supreme court emphasized that Apel testified that “no law enforcement [official]

directed her to ... ask [petitioner] any questions” and that she “went to the scene

looking for a news story, not as an agent of the state”; that Apel “explicitly told

[petitioner] that she was a member of the media before he answered her questions”;

and that petitioner “was able to connect Apel to law enforcement through crossexamination” without knowing her source’s identity. App.42-43.

Second, the supreme court rejected petitioner’s claim that the trial court erred

in admitting statements he made to police during his arrest. App.44-45. Petitioner

claimed that those statements resulted from an improper custodial interrogation

without a waiver of rights, were coerced using physical pain, and were obtained in

violation of his right to counsel. App.44. The supreme court held that petitioner’s preMiranda responses to questions about the location of the shootings at the Burages’

home and his gunshot wound fell “under the public safety exception” to Miranda v.

Arizona, 384 U.S. 436 (1966). App.44. Officers asked those questions, the court said,

10

to determine “where potential victims were located,” “if [petitioner] required medical

attention,” and “if there were other active shooters.” Ibid. The court also rejected

petitioner’s claims that “he continuously requested an attorney while he was [being]

detained” and was “coerced into making self-incriminating statements” because

officers “were causing him pain.” App.44-45. The court observed that “the video

record” of petitioner’s arrest did not show “a single instance” of petitioner requesting

an attorney; that officers “shifted themselves and eventually transitioned [petitioner]

into a seated position” when he “complained of pain”; and that “other than the

questions about where the scene was located and if [petitioner] had been shot, the

officers never made any inquiry of [petitioner] during the arrest.” Ibid.

Third, the supreme court held that the trial court properly rejected petitioner’s

motion to suppress evidence obtained from his vehicle, home, electronic devices, and

person. App.45-46. Petitioner claimed that the State lacked valid warrants for those

searches and that no exigencies applied. App.45. The supreme court explained,

however, that the State obtained valid warrants to search petitioner’s home and

devices (and did not use data from petitioner’s phones at trial anyway), and that

petitioner himself “was lawfully searched pursuant to his arrest.” App.45. The State

also obtained evidence—“a duffle bag containing multiple boxes of ammunition”—

from a search of petitioner’s car, which he left at the scene of the first shootings.

App.45-46. A crime-scene investigator saw a “bag full of live rounds ... through the

open hatchback of [petitioner’s] car” and “removed the bag from the vehicle when it

began to rain” due to concern that “the evidence might become damaged.” Ibid. The

supreme court held that the evidence was properly admitted under the “automobile,

11

plain view, exigent circumstances[,] and abandonment exceptions” to the Fourth

Amendment’s warrant requirement. App.46; see App.45-46.

Fourth, the supreme court rejected petitioner’s claim that the State violated

its duty to disclose exculpatory evidence under Brady v. Maryland, 373 U.S. 83

(1963), when it allegedly “destroyed” his cell phone “during ... data extraction.”

App.51; see App.51-52. Petitioner speculated that the phone contained exculpatory

evidence that could have impeached state witnesses. App.51. The supreme court

observed, however, that petitioner “received the data and information extracted from

[his] cell phone prior to trial” and that he otherwise “fail[ed] to demonstrate that the

State” actually “possessed [undisclosed] evidence that was favorable to him.” App.52.

Fifth, the supreme court held that the trial court did not err by failing to

enforce the pre-trial justice-court order for a psychiatric evaluation of petitioner.

App.52-53. As noted, before petitioner was indicted, a justice-court judge granted a

motion for a psychiatric evaluation filed by petitioner’s initial defense counsel.

App.52. Petitioner claimed that the trial court was required to enforce that order.

App.52-53. Rejecting that argument, the supreme court explained that petitioner was

later appointed new counsel who “did not move to renew the order for a psychiatric

evaluation” in trial court (though counsel did move to renew other justice-court

orders); “opposed” the State’s own motion to conduct a “mental evaluation” of

petitioner; and “never raised [petitioner’s] competency as an issue.” App.52-53. The

supreme court also rejected petitioner’s claim that the trial court should have ordered

him “to submit to a mental examination” sua sponte under state law and declined to

resolve his claim that defense counsel erred by not “request[ing] a competency

12

evaluation” or “plac[ing] [petitioner’s] competency in issue.” Ibid. The court noted that

the record was “devoid of evidence indicating whether a mental examination was

necessary” for petitioner “to stand trial.” App.53. And the question whether defense

counsel “should have raised the issue of competency” was “best reserved” for postconviction review. Ibid.

Sixth, the supreme court declined to resolve petitioner’s claims that he received

ineffective assistance of trial counsel. App.59-60. Petitioner argued that his counsel

unreasonably failed to: “investigate potentially exculpatory evidence contained in his

sent text messages”; “sufficiently cross-examine State witnesses”; “review and utilize

police and lab reports”; and “obtain a psychiatric evaluation [of petitioner].” App.60.

The supreme court explained that “the record [does not] affirmatively show[ ]

ineffectiveness of constitutional dimensions” and that there was no indication that

“findings of fact” were “not needed” to resolve petitioner’s claims. App.59. So there

was no reason to depart from the general rule that “ineffective-assistance-of-counsel

claims are more appropriately brought during post-conviction proceedings” “with the

benefit of a more complete record.” App.53, 59.

REASONS FOR DENYING THE PETITION

Petitioner asks this Court to grant review on six questions. Pet. i. None of those

questions warrants further review. And the Mississippi Supreme Court correctly

resolved every issue that petitioner presses. The petition should be denied.

1. This case does not satisfy any of the traditional certiorari criteria. Petitioner

does not claim any lower-court conflict. He does not claim that this case presents a

recurring question of federal law. This case is not a sound vehicle for deciding any

13

legal question. The petition seeks only fact-bound, case-specific error correction. The

Court should deny review on these grounds alone.

2. The decision below is correct. Indeed, the evidence is overwhelming that

petitioner wantonly murdered eight innocent people, including a police officer and an

11-year-old child. Petitioner does not seriously argue otherwise. None of his

arguments has merit. Nor does he show that success on any of his claims would be

sufficient to undermine his convictions or sentences given the overwhelming evidence

against him. There is no basis for further review.

First, petitioner asks this Court to decide whether “a news reporter’s First

Amendment privilege to shield her source trumps a criminal defendant’s Sixth

Amendment right to confrontation and Fourteenth Amendment due[-]process

right[s].” Pet. i; see Pet. 6-10. This case does not present that question. And the

Mississippi Supreme Court correctly rejected petitioner’s claim that the trial court

erred in admitting the statements he made to reporter Therese Apel. App.42-43.

Petitioner argues that Apel’s “refusal” to disclose the source who told her of

petitioner’s crimes “doomed” the defense’s theory that Apel was acting on the State’s

behalf when she questioned him during his arrest and so violated his Sixth and

Fourteenth Amendment trial rights. Pet. 9. But it was not Apel’s “refusal” to disclose

her source that doomed that theory. It was Apel’s valid testimony that doomed that

theory. Apel testified that she “was not directed by any member of law enforcement

to go to the scene” of petitioner’s arrest “or to ask [him] any questions.” App.42

(emphasis omitted). So, as the state supreme court ruled, it was “irrelevant” if Apel’s

source were in law enforcement: she was acting as a reporter “looking for a news

14

story, not as an agent of the state.” App.43. The court thus did not need to consider

whether Apel’s First Amendment rights “trump[ed]” petitioner’s confrontation or

due-process rights. Pet. i. Indeed, petitioner’s counsel was able to cross-examine Apel

and “connect” her “to law enforcement” without knowing her source’s identity, since

Apel testified that she had “friends [in] law enforcement,” often used “officers” as

“sources,” and “previously worked for the department of public safety.” App.42-43. So

petitioner was not denied his “rights to confront and cross-examine witnesses.” Pet.

6; cf. Kentucky v. Stincer, 482 U.S. 730, 739 (1987) (Sixth Amendment “guarantees

only ‘an opportunity for effective cross-examination, not cross-examination that is

effective in whatever way, and to whatever extent, the defense might wish’”).

Petitioner claims that establishing the identity of Apel’s source could have

shown that she had a sufficient “nexus” with law enforcement to be a state actor. Pet.

9. Private parties “may be” considered state actors if: (a) there was a sufficiently “close

nexus between the State and ... seemingly private behavior” such that the behavior

“may be fairly treated as that of the State itself”; (b) the State “exercise[d]” “coercive

power” over the private parties or “provide[d]” them “significant encouragement”;

(c) the private parties “operate[d] as ... willful participant[s] in joint activity with the

State”; or (d) the private parties exercised a “public function” traditionally reserved

to the State. Brentwood Academy v. Tennessee Secondary School Athletic Ass’n, 531

U.S. 288, 295-96 (2001) (cleaned up). Apel’s testimony shows that no such factors

were present here. Petitioner speculates that defense counsel “may have been able to

establish that

Apel

and law

enforcement

had other communications or

understandings (short of ‘directing’ her to do something).” Pet. 10. But even if that

15

were true, it falls far short of showing the “close nexus,” “coerci[on],” “significant

encouragement,” “joint activity,” or “public function” (Brentwood Academy, 531 U.S.

at 295-96) necessary to show state action. Compare Anderson v. Suiters, 499 F.3d

1228, 1233 (10th Cir. 2007) (rejecting claim that journalists “became state actors

because they agreed with” a police officer “to receive” and “air” “leaked portions of [a]

videotape” depicting criminal activity), with Berger v. Hanlon, 129 F.3d 505, 515 (9th

Cir. 1997), vacated and remanded by 526 U.S. 808 (1999), judgment reinstated by 188

F.3d 1155 (9th Cir. 1999) (journalists plausibly engaged in “joint action” with police

when they were “‘inextricabl[y]’ involve[d]” with “planning and execut[ing]” a search

and had “a written contractual commitment [with] the government ... to [act] jointly”).

Petitioner invokes Branzburg v. Hayes, 408 U.S. 665 (1972), which he claims

held that “the First Amendment does not relieve a reporter of the obligation to reveal

her sources and testify relevant to a criminal investigation.” Pet. 7. But “[t]he sole

issue” in Branzburg was “the obligation of reporters to respond to grand jury

subpoenas as other citizens do and to answer questions relevant to an investigation

into the commission of crime.” 408 U.S. at 682; cf. In re Roche, 448 U.S. 1312, 131415 (1980) (Brennan, J., in chambers) (Branzburg “held that the First Amendment

does not provide newsmen with an absolute or qualified testimonial privilege to be

free of relevant questioning about sources by a grand jury”). Branzburg does not say

that a reporter must reveal a protected source where (as here) the source’s identity

would not meaningfully advance any claims or defenses at a criminal trial. Indeed,

in providing the deciding vote in Branzburg, Justice Powell stressed “the limited

nature of the Court’s holding” and that “claim[s] to privilege should be judged” “on a

16

case-by-case basis” by striking “a proper balance between freedom of the press and

the obligation of all citizens to give relevant testimony with respect to criminal

conduct.” 408 U.S. at 709-10 (Powell, J., concurring). The “proper balance” here shows

that the identity of Apel’s source was not “relevant” to petitioner’s defense. Id. at 710.

Petitioner also invokes United States v. Nixon, 418 U.S. 683 (1974), in claiming that

his constitutional “right to the production of all relevant evidence” outweighed Apel’s

“general privilege of confidentiality.” Pet. 7, 8; see also Pet. 10. Nixon held that a

“generalized assertion of privilege must yield to [a] demonstrated, specific need for

evidence in a pending criminal trial.” 418 U.S. at 713. But again, petitioner did not

show a “specific need” to know the source’s identity given the rest of Apel’s testimony.

Second, petitioner asks this Court to decide whether his “confession was

obtained in violation of the Fifth, Sixth[,] and Fourteenth Amendment[s].” Pet. i; see

Pet. 27-29. He claims that statements he made to police while he was arrested but

before he was Mirandized—which he calls “confession[s]”—resulted from improper

“custodial interrogation,” were not “freely and voluntarily given,” and were obtained

in violation of his Sixth Amendment right to counsel. Pet. 27; see Pet. 27-29. These

claims fail. The Mississippi Supreme Court correctly held that the trial court properly

admitted the statements that petitioner made to police during his arrest. App.44-45.

To start, the state supreme court correctly held that petitioner’s preMirandized statements to arresting officers were properly admitted. App.44. Under

Miranda v. Arizona, 384 U.S. 436 (1966), a suspect’s “self-incriminating statements”

made during “custodial interrogation” are generally inadmissible unless the suspect

was given prior “full warnings of [the] constitutional rights” to silence and to counsel

17

and made an “effective waiver” of those rights. Id. at 445, 446, 477. But there is an

“exception” to that rule where “overriding considerations of public safety justify” a

delay in “provid[ing]” Miranda warnings. New York v. Quarles, 467 U.S. 649, 651,

655-56, 657 (1984). As the state supreme court ruled, that exception applies here.

When officers found petitioner near the Burage residence, they detained him and

asked him where the scene was located, whether he had been shot, and who had shot

him. App.12-13. Petitioner responded by telling them the location of the Burages’

house, where Shelia and Ferral Burage’s bodies could be found, and that Ferral

Burage had shot him. Ibid. The officers’ evident purpose in questioning petitioner

was to determine “where potential victims were located,” whether petitioner

“required medical attention,” and “if there were other active shooters.” App.44. The

questions were “reasonably prompted by a concern for the public safety” and meant

to “neutralize [a] volatile situation.” Quarles, 467 U.S. at 656, 658. The officers’

exchanges with petitioner thus fell within the public-safety exception to Miranda,

and petitioner does not claim otherwise.

Next, the state supreme court correctly held that petitioner’s statements to

police were freely and voluntarily given. App.44-45. Petitioner claims that there is

“evidence” of “coercion or threat[s]” because the arresting officers “appl[ied] pressure

to an injured and already subdued suspect.” Pet. 28. That claim is belied by the video

of petitioner’s arrest and detention. App.44. As the supreme court explained, “when

[petitioner] complained of pain from the detention, the officers shifted themselves and

eventually transitioned [him] into a seated position.” Ibid. And after the brief initial

questioning, police “never made any [further] inquiry of [petitioner] during the

18

arrest”; rather, petitioner chose to “continue[ ] ... speak[ing] to law enforcement” after

he was read his rights. App.13, 44-45. Petitioner points to nothing to rebut these facts

or to suggest that his “will was overborne” while speaking to police. Haynes v.

Washington, 373 U.S. 503, 513 (1963). Invoking Edwards v. Arizona, 451 U.S. 477

(1981), petitioner also claims that officers ignored his “constant[ ]” “request[s]” for an

attorney. Pet. 28; see Pet. 27-28. Even putting aside the public-safety exception

discussed above, that claim fails on the facts: A “thorough review of the video record”

by the court below failed to reveal “a single instance in which [petitioner] requested

an attorney” while being detained. App.44; compare Edwards, 451 U.S. at 479-80,

485 (confession inadmissible where police “reinterrogate[d]” defendant in jail after he

“clearly asserted his right to counsel”).

Last, there is no merit to petitioner’s claim that police violated his Sixth

Amendment right to counsel by “knowing[ly] exploit[ing]” the opportunity to question

him “without counsel being present.” Pet. 29. That right did not attach until the

“initiat[ion]” of “judicial proceedings” against petitioner (Fellers v. United States, 540

U.S. 519, 523 (2004))—which occurred long after he made the statements at issue.

Compare Maine v. Moulton, 474 U.S. 159, 161-68 (1985) (discussing statements made

to “secret government informant” “after indictment”). In any event, as explained

above, video evidence belies petitioner’s claim that he invoked any right to counsel.

Third, petitioner asks this Court to decide whether the trial court erred by

“admitting into evidence” the contents of “searches” that violated the Fourth

Amendment. Pet. i. He claims that the searches of his vehicle, home, electronic

19

devices, and person were made without proper warrants or exigent circumstances.

See Pet. 30-36. The state supreme court correctly rejected these claims. App.45-46.

To start, the state supreme court correctly held that police lawfully searched

petitioner’s home, devices, and person. Petitioner appears to claim that his

“residence” and “devices” “were searched” “without a warrant” or, alternatively, that

they were searched under warrants that were “improperly obtained” without

“probable cause.” Pet. 30; see Pet. 30-33. But as the court below explained, police

searched petitioner’s home and devices under “valid warrants.” App.45. (The State

ultimately declined to use at trial any information from petitioner’s phones. Ibid.).

Petitioner does not identify any flaws in the warrants that the police relied on or in

the facts supporting those warrants, so his claim fails. Cf. Franks v. Delaware, 438

U.S. 154, 171-72 (1978). Petitioner also alludes to the search of his person. See Pet.

30. But petitioner was “lawfully searched pursuant to his arrest” (App.45), and he

does not claim otherwise. E.g., Chimel v. California, 395 U.S. 752, 762-63 (1969).

Next, the state supreme court correctly held that the police lawfully seized

evidence from petitioner’s car, which he left at the scene of the first murders. App.4546. While searching the Mitchell residence under a valid warrant, a crime-scene

investigator saw a partially opened “duffle bag containing multiple boxes of

ammunition” through the open hatchback of petitioner’s station wagon. App.45. The

investigator removed the bag “when it began to rain” due to concern that “the

evidence might become damaged.” App.45-46. The state supreme court held that the

ammunition was properly admitted under the “automobile, plain view, exigent

circumstances[,] and abandonment exceptions” to the Fourth Amendment’s warrant

20

requirement. App.46; see App.45-46. Even if petitioner’s car were not covered by the

warrant for the Mitchell residence, petitioner gives no reason for this Court to review

the fact-bound application of these well-established exceptions, any one of which is

sufficient to reject petitioner’s claim. Petitioner argues, for example, that the plainview doctrine does not apply because “no incriminating characteristic[s]” were

“immediately apparent” from the seized evidence. Pet. 35. But a bag of ammunition

at the scene of a mass shooting clearly has “incriminating characteristic[s].” Cf. Texas

v. Brown, 460 U.S. 730, 738 (1983) (plurality opinion) (plain view requires only “that

there is probable cause to associate the property with criminal activity”). And

petitioner does not allege that the investigator observed the bag from a place she was

not lawfully allowed to be. See Horton v. California, 496 U.S. 128, 136-37 (1990). So

the plain-view exception applies. Petitioner also argues that the automobile exception

does not apply because his “car was not searched incident to a lawful arrest.” Pet. 35.

But the automobile exception is distinct from searches incident to arrest, and it

applies not only because cars are “immediately mobile” but “because the expectation

of privacy” in cars “is significantly less than [in] one’s home or office.” California v.

Carney, 471 U.S. 386, 391 (1985). Petitioner also disputes the application of the

abandonment exception, arguing that his car was not abandoned because a witness

to petitioner’s crimes allegedly “t[ook] the keys out of the car without [his] instruction

or knowledge.” Pet. 36. But the fact that petitioner left his car open with the keys

inside reinforces that he abandoned the car during his crime spree and thus lacked

any expectation of privacy in its contents. Cf. Abel v. United States, 362 U.S. 217, 241

(1960); Hester v. United States, 265 U.S. 57, 58 (1924). Again, any of these exceptions

21

defeats petitioner’s argument. And there is one more independent reason to reject

petitioner’s view: Petitioner admits that his car was impounded after his arrest and

that an “inventory [search] of an impounded vehicle” is “lawful.” Pet. 35. The

ammunition in petitioner’s car would have been found during a post-arrest inventory

search. So even if the exceptions to the warrant requirement described above did not

apply, the evidence still would have been admissible under the inevitable-discovery

exception. See Nix v. Williams, 467 U.S. 431, 443-44 (1984).

Fourth, petitioner asks this Court to decide whether the “right of access [to]

evidence of exculpatory value and the Fourteenth Amendment require preservation

of [a defendant’s] cell phone and [its] contents.” Pet. i; see Pet. 21-26. The Mississippi

Supreme Court correctly rejected petitioner’s claim that the State violated its duties

to turn over or preserve exculpatory or potentially useful evidence. App.51-52.

Under Brady v. Maryland, 373 U.S. 83 (1963), a State must disclose certain

evidence that “is material either to guilt or to punishment.” Id. at 87. A State violates

that duty if it “suppresse[s]” evidence; the evidence is “favorable to the accused”

“because it is exculpatory” or “impeaching”; and “prejudice ... ensue[s]” from the

nondisclosure—i.e., there is “a reasonable probability that the suppressed evidence

would have produced a different verdict.” Strickler v. Greene, 527 U.S. 263, 281-82

(1999). Petitioner claims that the State “prejudiced his defense” by “[n]ot disclosing

contents from his cell phone.” Pet. 22. But petitioner did “receive[ ] the data and

information extracted from [his] cell phone prior to trial.” App.52. And he does not

identify any further evidence that the State failed to disclose. He speculates that a

more “thorough investigative review” of his phone would have produced “[e]vidence

22

related to” his “personal relationships and biases” and his “only daughter” who “had

been ‘sexually assaulted.’” Pet. 22. This, he says, “would have revealed ... maybe a

potential motive” for his crimes. Ibid. Such speculation does not meet petitioner’s

burden to identify favorable evidence that the State in fact possessed and failed to

disclose. Wood v. Bartholomew, 516 U.S. 1, 6 (1995) (per curiam) (“mere speculation”

that “additional evidence” may exist “that could have been utilized” by defense is

insufficient); United States v. Agurs, 427 U.S. 97, 109-10 (1976) (“mere possibility

that an item of undisclosed information might have helped the defense” “does not

establish” a Brady violation); United States v. Briscoe, 101 F.4th 282, 297 (4th Cir.),

cert. denied, 145 S. Ct. 382 (2024) (“rank speculation as to the nature of the allegedly

suppressed materials ... cannot establish a Brady violation”); United States v.

Erickson, 561 F.3d 1150, 1163 (10th Cir. 2009) (“A Brady claim fails if the existence

of favorable evidence is merely suspected. That the evidence exists must be

established by the defendant.”); United States v. Ramos, 27 F.3d 65, 71 (3d Cir. 1994)

(“mere speculation that Brady material might be present is insufficient”).

Petitioner also cannot show prejudice. He speculates that “evidence” on his

phone could have supported the “defense of ‘Heat of Passion Manslaughter.’” Pet. 26.

But given the “considerable” and “powerful” evidence against petitioner, the fact that

the jury heard testimony about an alleged assault involving his daughter, and the

speculative nature of his claims about alleged evidence on his phone, petitioner’s

allegations do not come close to “undermin[ing] confidence in the verdict.” Strickler,

527 U.S. at 290, 293. At bottom, “[t]he record provides strong support for the

conclusion that petitioner would have been convicted of capital murder and sentenced

23

to death” even if the claims about his phone had some basis. Id. at 294; see App.27

(“Each crime for which [petitioner] was indicted benefitted from the testimony of at

least one eye (or ear) witness.”); App.13-17 (discussing expert and forensic evidence).

A State may also violate a defendant’s due-process rights by failing to “preserve

evidentiary material” that is “potentially useful” to the defense. Arizona v.

Youngblood, 488 U.S. 51, 57, 58 (1988). But a defendant can succeed on such a claim

only by “show[ing] bad faith.” Id. at 58. Petitioner accuses the State of failing to

“analyze” his cell phone; of improperly using “different” “methods” and “procedures”

for handling his phone than for “other phones in th[e] case”; and of “destroy[ing]” his

phone and its contents. Pet. 23, 25, 26. His claims do not withstand scrutiny. A report

prepared by the State’s cyber-crime center, which was disclosed to the defense before

trial, explained that data was recovered from the two phones recovered from

petitioner upon arrest. BIO App.1-2. Due to passcode protection, only “partial” data

was recovered from one phone—the “Galaxy Note 5” that petitioner cites. BIO App.2;

see Pet. 25. Petitioner points to nothing that suggests that the State used improper

methods to analyze the phone or that the State improperly caused any data loss. Cf.

Youngblood, 488 U.S. at 58-59 (rejecting view that “the Due Process Clause is violated

when the police fail to use a particular investigatory tool” or “perform any particular

tests”). Before the state supreme court, petitioner’s counsel alleged that the State

“rais[ed] the barrier for [the defense’s] efforts to find [helpful] evidence” “on

[petitioner’s] phone” by “us[ing] a method of data extraction ... that made its data

impossible for the defense to read without expert analysis.” Appellant Br. 7

(bit.ly/3Dk59jd) (emphasis added). But counsel did not claim that the defense was

24

unable to use the data that was recovered or that the State failed to preserve any

other evidence. Petitioner’s speculation that the “destruction” of his phone deprived

him of “[h]is one opportunity to defend himself” (Pet. 26) does not change the outcome

or remove his burden to show bad faith—a burden he does not attempt to carry.

Fifth, petitioner asks this Court to decide whether “failure to ... complete” a

“court[-]order[ed]” psychiatric examination “den[ies] Due Process” under “the

[F]ourteenth and [E]ighth Amendment[s].” Pet. i; see Pet. 11-15; see also Pet. 16-18,

20. This claim is meritless. Before petitioner was indicted, his initial attorney “filed

a motion for a psychiatric evaluation,” “which was granted by the justice[-]court

judge” assigned to his preliminary hearing. Pet. 11. Petitioner claims that, by later

failing to “respect[ ]” that “mandatory” order, the trial court violated his “due[]process” rights. Ibid. But petitioner’s trial counsel “did not move to renew the order

for a psychiatric evaluation.” App.52. Petitioner points to no law requiring the trial

court to enforce an order from an inferior court (the justice court is inferior to the trial

court)—let alone an order that defense counsel did not seek to renew. Separately,

when the State later “filed its own motion for [petitioner] to undergo a mental

evaluation” in the trial court, petitioner’s counsel “object[ed]” to that request. Ibid.

The trial court “h[e]ld the motion in abeyance until ... the defense indicated that

[petitioner’s] competency was in question,” but “[t]he defense never raised

competency as an issue.” Ibid.; see App.53. The trial court did not err in failing to

enforce an initial order for a psychiatric evaluation in these circumstances.

Petitioner invokes Ake v. Oklahoma, 470 U.S. 68 (1985), which held that a

State must give an indigent defendant access to a psychiatrist when the defendant

25

“demonstrates to the trial judge that his sanity at the time of the offense is to be a

significant factor at trial,” id. at 83, and claims that that requirement applied here.

Pet. 14-15. That is not so. As noted, petitioner’s counsel “never raised [petitioner’s]

competency as an issue” and “object[ed]” to the State’s request for a mental evaluation

of petitioner. App.52. So the defense did not establish to the trial judge that

petitioner’s sanity would “be a significant factor at trial.” Ake, 470 U.S. at 83.

Petitioner also claims that the trial court erred by failing to sua sponte order

a competency hearing under state law and that his trial counsel was ineffective for

not requesting such a hearing. Pet. 13, 20; see Pet. 16-18. But, as the Mississippi

Supreme Court observed, the record is “devoid of evidence indicating whether a

mental examination was necessary for [petitioner] to stand trial.” App.53. And any

claim that trial counsel “should have raised the issue of competency” is, as that court

recognized, “best reserved for a future petition for post-conviction relief with the

benefit of a more complete record.” Ibid. Petitioner does not call those rulings into

question, and there is no basis for this Court to review petitioner’s claims here.

Sixth, petitioner asks this Court to decide whether his trial counsel performed

deficiently in “violation of [the] Sixth Amendment.” Pet. i; see Pet. 16-20. The

Mississippi Supreme Court soundly declined to resolve petitioner’s ineffectiveassistance claims and this Court should too. To succeed on such a claim, petitioner

must show that counsel’s performance “fell below an objective standard of

reasonableness” and “prejudiced the defense.” Strickland v. Washington, 466 U.S.

668, 687, 688 (1984). As in many States, Mississippi law provides that ineffectiveassistance

claims

“[g]enerally

...

are

more

appropriately

brought

during

26

postconviction proceedings” rather than on direct appeal. App.59 (quoting Ross v.

State, 288 So. 3d 317, 324 (Miss. 2020)); cf. Massaro v. United States, 538 U.S. 500,

504-05, 508 (2003). Mississippi courts “address such claims on direct appeal when

[1] the record affirmatively shows ineffectiveness of constitutional dimensions, or

[2] the parties stipulate that the record is adequate and the Court determines that

the findings of fact by a trial judge able to consider the demeanor of witnesses, etc.,

are not needed.’” Ibid. (quoting Ross, 288 So. 3d at 324) (cleaned up). Neither factor

is present here, and “[t]he record” before the state supreme court “lack[ed] sufficient

evidence and information” to address petitioner’s ineffective-assistance claims “on

direct appeal.” App.60. Petitioner’s claims are “preserved” for “potential future ...

petitions” for “post-conviction relief.” Ibid. Petitioner gives no reason to question the

lower court’s application of state law or its view of the record, nor does he identify

any federal question warranting this Court’s review now.

27

CONCLUSION

The petition for a writ of certiorari should be denied.

Respectfully submitted.

LYNN FITCH

Attorney General

ALLISON KAY HARTMAN

Special Assistant

Attorney General

Counsel of Record

MISSISSIPPI ATTORNEY

GENERAL’S OFFICE

P.O. Box 220

Jackson, MS 39205-0220

Allison.Hartman@ago.ms.gov

(601) 359-3840

Counsel for Respondent

March 12, 2025

APPENDIX TO RESPONDENT’S BRIEF IN OPPOSITION

. ...

I,

STATE OF MISSISSIPPI

OFFICE OF THE ATTORNEY GENERAL

CYBER CRIME CENTER

REPORT

CASE NUMBER:

CC-18-00022 & B 1700000244

SUBJECT:

Technical Assistance Related to Mobile Devices

DATE:

February 7, 2018

INVESTIGATOR:

Charlie Rubisoff, CFCE, CFE

Pursuant to a request from the Mississippi Bureau oflnvestigation and the Lincoln

County District Attorney's Office, I have provided technical assistance in the form of data

collection and reporting from two mobile devices related to alleged homicides. The devices

submitted are a Samsung Galaxy S5, model SM-G900R7, Mobile Equipment Identifier

99000466985002, Item 1; and a Samsun Note 5, model SM-N920R7, Mobile Equipment

Identifier 990005 84948161, Item 2.

·

·

· d from

Fe

opes

On submission of the devices for examination, District Attorney Investigator John

Whitaker completed an Advanced Data Extraction Waiver permitting the use of Chip Off

methods for data collection from the devices.

In the course of the examination, the devices were surveyed and photographed.

Item 1, the Samsung Galaxy S5, was found to have damage to the screen and what

appeared to be dried blood on the casing. Data collection from Item 1 was attempted using

Cellebrite tools. In this attempt the device gave indications of power related issues which caused

the device to power off. An external power source was used to power the phone in an effort to

mitigate this power issue. With the external power supply the device continued to power off.

Based on the phone's inability to remain powered during the data collection, I determined it was

a candidate for Chip Off methods. I contacted MBI Special Agent Jason Leggett to discuss the

use of Chip Off methods on the device and recommended their use. SA Leggett agreed. The

phone was disassembled and the eMMC chip containing the device's stored user data was

identified. The chip was removed using a hot air source to melt the underlying solder and

adhesive. The chip was cleaned to remove remaining adhesive. The chip was then read using a

chip adapter and a write block device. A digital copy, or forensic image, of the chip's contents

was made using FTK Imager. The resulting forensic image was then examined using Cellebrite

tools. The available recoverable data from the chip has been included in a report for Item 1.

Page lof2

~ DEFENDANT'S

l

l NO. A

EXHIBl(O

)

~

'I

Item 2, the Samsung Galaxy Note 5, was found to be in working order. Access to the

device was blocked by an alpha-numeric user passcode. A partial file system collection from the

device was successful using Cellebrite tools. I contacted SA Leggett to discuss alternative data

collection methods which might potentially provide more data than was collected in the partial

file system extraction. The methods I discussed each included the potential permanent loss of

data on the device. Based upon these risks and discussion with the District Attorney's Office,

SA Leggett requested no potentially destructive methods be employed on Item 2. The data

recovered in the partial file system extraction has been included in a report for Item 2.

These reports are being made available for investigative review to the submitting law

enforcement officers. If, in the course of this review, additional analysis or explanation is

needed I can be contacted at chrub@ago:state.ms.us.

Page 2of2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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