Whittaker v. Mississippi

William Whittaker was convicted of four counts relating to the sexual abuse of his six-year-old daughter, Betty. On appeal, Whittaker claims he received ineffective assistance of counsel because his defense attorney did not insist on certain redactions from the recording and transcript of his partial confession, in which Whittaker refused to take a polygraph test and discussed a prior sex-offense conviction. The Mississippi Supreme Court determined the exhibits used at trial were redacted; it appeared Whittaker’s appellate counsel confused them with the unredacted exhibits admitted at the suppression hearing. Whittaker also argued his partial confession should have been suppressed as involuntary, but his theory on appeal was entirely different from the one he advanced at trial and therefore procedurally barred. The Supreme Court, consequentially affirmed Whittaker’s convictions and sentences. View "Whittaker v. Mississippi" on Justia Law