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Tony Markel Howard, Jr. a/k/a Tony Howard v. State of Mississippi

2026-10-15

Authorities cited

Opinion

majority opinion

IN THE SUPREME COURT OF MISSISSIPPI

NO. 2025-KA-01355-SCT

TONY MARKEL HOWARD JR. a/k/a

TONY HOWARD

v.

STATE OF MISSISSIPPI

DATE OF JUDGMENT: 10/17/2025

TRIAL JUDGE: HON. CALVIN D. TAYLOR

TRIAL COURT ATTORNEYS: CAROLYN ANN LEWIS

MICHAEL GLEN DYKES

ROBERT JAMES KNOCHEL

TAYLOR LAWRENCE LASHLEY

WILLIAM CARL BARRETT

CARLY JO WINSHIP

DUSTIN NORMAN THOMAS

ANN MORGAN SULLIVAN

COURT FROM WHICH APPEALED: JACKSON COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER

BY: JUSTIN TAYLOR COOK

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL

BY: BARBARA WAKELAND BYRD

DISTRICT ATTORNEY: ANGEL MYERS McILRATH

NATURE OF THE CASE: CRIMINAL - FELONY

DISPOSITION: AFFIRMED - 10/15/2026

MOTION FOR REHEARING FILED:

BEFORE RANDOLPH, C.J., SULLIVAN AND BRANNING, JJ.

BRANNING, JUSTICE, FOR THE COURT:

¶1. Tony Markel Howard Jr. appeals his convictions and sentences, claiming that the

circuit court erred by failing to grant his ore tenus motion for a continuance to obtain a

second mental-health evaluation prior to trial. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. On September 29, 2022, a Jackson County grand jury indicted Tony Markel Howard

Jr. as a violent habitual offender for aggravated assault on a law-enforcement officer,

shooting into a motor vehicle, and unlawful possession of firearm or weapon by a convicted

felon. The trial court entered an agreed scheduling order, which set Howard’s trial for May

8, 2023. On the day of trial, Howard’s counsel notified the trial court that he would be filing

a motion for a mental-health evaluation. As a result, Howard’s trial was continued, and the

circuit court set a status hearing for July 11, 2023.

¶3. On May 15, 2023, Howard’s counsel filed a written motion for a mental-health

evaluation, which the circuit court granted on July 13, 2023. Between July 2023 and May

2024, the circuit court granted multiple continuances, most of which were at Howard’s

request or agreed upon by Howard and the State.

¶4. Dr. John Montgomery evaluated Howard on April 7 and April 22, 2024, and submitted

his report and findings to the parties and the circuit court around April 29, 2024. On May

3, 2025, the circuit court held a competency hearing in which Dr. Montgomery’s report was

admitted into evidence without objection. In his report, Dr. Montgomery found that Howard

had “the sufficient, present ability to consult with his attorney with a reasonable degree of

rational understanding in the preparation of his defense and [had] a sufficient factual and

rational understanding of the nature and object of the legal proceedings against him.” His

report further indicated that Howard knew “the nature and quality of his actions and that his

alleged acts were wrong” at the time of the crimes. On May 6, 2023, the circuit court issued

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an order finding Howard competent to stand trial. Howard did not move for a new hearing

on the issue of competency.

¶5. On September 9, 2024, the trial court entered an order setting Howard’s trial for

February 11, 2025. On December 11, 2024, Howard filed a motion for a second independent

mental-health evaluation by Dr. Gregory Fox at the expense of Jackson County. Howard’s

motion did not identify a change in Howard’s condition or a deficiency in Dr. Montgomery’s

assessment. The State objected to Howard’s motion, and the circuit court conducted a

hearing on the matter on February 4, 2025.

¶6. As a result of the February 4, 2025, hearing, the trial court denied Howard’s motion

for a second mental-health evaluation “[t]o the extent that [Howard’s] Motion requests the

Court to authorize payment for a second mental evaluation by Dr. Gregory Fox by the Court

and/or Jackson County, Mississippi.” The circuit court specified, however, that Howard was

not precluded “from seeking a second opinion mental evaluation from Dr. Fox or another

doctor of his choosing at his own expense, for the evaluation and any other expenses[.]” And

at that point, the trial court denied Howard’s ore tenus motion to continue the trial set for

February 11, 2025.

¶7. On February 10, 2025, Howard filed a motion for a continuance, advising the trial

court that Dr. Fox’s earliest available appointment for a second mental-health evaluation

would be on March 12, 2025. As a result, the circuit court continued Howard’s trial until July

15, 2025, and the court entered an order of transport for Howard’s evaluation with Dr. Fox.

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Then, upon agreement of the parties, Howard’s trial was later continued until October 14,

2025. Howard did not attempt to enter Dr. Fox’s report into evidence at trial.

¶8. At trial, the jury found him guilty on all three counts—aggravated assault on a lawenforcement officer, shooting into a motor vehicle, and unlawful possession of a firearm or

weapon by a convicted felon—and he was sentenced as a habitual offender to serve three

concurrent life sentences.

¶9. On appeal, Howard expressly challenges the trial court’s denial of his February 4,

2025, ore tenus motion for continuance and argues that the trial court erroneously denied

him the opportunity to obtain a second mental-health evaluation.

STANDARD OF REVIEW

¶10. This Court reviews a trial court’s decision to deny a defendant’s motion for a

continuance using an abuse-of-discretion standard. Miles v. State, 249 So. 3d 362, 367

(Miss. 2018) (citing Mouton v. State, 227 So. 3d 1079, 1083 (Miss. 2017)).

DISCUSSION

¶11. Mississippi law recognizes a “presumption of mental competency” for all criminal

defendants. Robinson v. State, 301 So. 3d 577, 580 (Miss. 2020) (internal quotation mark

omitted) (quoting MRCrP 12.1(a)). This Court has “consistently . . . placed the burden on the

defendant to show his incompetence.” Hutto v. State, 227 So. 3d 963, 973 (Miss. 2017). The

Court has further acknowledged that:

Trial courts are afforded broad discretion in determining whether to order a

mental evaluation and competency hearing. Harden v. State, 59 So. 3d 594,

603 (Miss. 2011). In determining whether an abuse of discretion occurred, this

Court considers whether “the trial judge received information which,

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objectively considered, should reasonably have raised a doubt about the

defendant’s competence and alerted the judge to the possibility that the

defendant could neither understand the proceedings, appreciate their

significance, nor rationally aid his attorney in his defense.” Goff v. State, 14

So. 3d 625, 644 (Miss. 2009).

King v. State, 269 So. 3d 98, 100 (Miss. 2018).

¶12. This Court has also held that a defendant has no guaranteed right to a favorable

mental-health evaluation; instead, the law only requires that a defendant receive an

appropriate examination by a competent psychiatrist. Garcia v. State, 369 So. 3d 511, 524

(Miss. 2023); see also Hill v. State, 432 So. 2d 427, 437 (Miss. 1983) (finding that the circuit

court had no obligation to provide the defendant with another psychiatric evaluation based

on defendant’s dissatisfaction with his first evaluation). As such, Howard “had no right to

an expert who would, at his attorney’s insistence, conjure up a mental-health disorder, or

otherwise simply fashion an opinion to lend him a helping hand in defense or mitigation.”

Id.

¶13. In addition, we recognize that “[t]rial judges have wide latitude in deciding whether

to grant continuances, and that decision is left to the sound discretion of the trial judge.”

Miles, 249 So. 3d at 368 (citing Lambert v. State, 654 So. 2d 17, 22 (Miss. 1995)). But any

such denial will be subject to reversal if manifest injustice results. Id.

¶14. Howard argues that the trial court erroneously denied his ore tenus motion for

continuance, which resulted in his trial proceeding as scheduled. Specifically, he argues that

the trial court “required [him] to proceed to trial without any realistic opportunity to obtain

the independent evaluation [from Dr. Fox that] the court itself acknowledged he could

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pursue.” He contends that the trial court, therefore, “substantially prejudiced Howard’s ability

to investigate, prepare, and present mental-health evidence central to the constitutional

reliability of the proceedings.” We disagree.

¶15. First and most importantly, Howard’s account of the procedural facts of this case

conflicts with the timeline established in the record. Howard correctly states that he filed his

motion for a second mental evaluation on December 11, 2024. He then states the following,

however:

At the pretrial hearing, defense counsel explained that Dr. Montgomery’s [first

mental-health] evaluation process itself had consumed approximately a year

and argued it was fundamentally unfair to require defense to secure an

independent psychiatric evaluation with in only seven days before trial. . . . The

trial court ultimately denied the continuance and proceeded to trial.

The record does not support this version of events.

¶16. The record clearly establishes that, on July 13, 2023, the trial court granted Howard’s

first motion for a mental-health evaluation, which was conducted by Dr. Montgomery. After

the first mental-health evaluation, the trial court conducted a competency hearing and found

Howard competent to stand trial. Howard did not seek reconsideration of the trial court’s

competency determination.

¶17. On December 11, 2024, Howard filed a motion for a second mental-health evaluation

in which he requested that the circuit court require Jackson County to pay for the second

evaluation. At the February 4, 2025, hearing on this motion, the circuit court did not deny

Howard the opportunity to obtain a second mental-health evaluation but rather denied

Howard’s request to have the county pay for his second evaluation.

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¶18. In its order, the trial court stated that Howard was not precluded “from seeking a

second opinion mental-evaluation from Dr. Fox or another doctor of his choosing at his own

expense, for the evaluation and any other expenses[.]” At this time, the circuit court denied

Howard’s ore tenus motion for a continuance of his trial, which was scheduled for February

11, 2025.

¶19. Once Howard filed his written motion for continuance, explaining that Dr. Fox’s

earliest appointment for his second mental-health evaluation would be on March 12, 2025,

the trial court granted the continuance. Howard’s trial ultimately took place eight months

later, on October 14, 2025.

¶20. We find that the trial court did not impede Howard’s ability to obtain a second

evaluation, nor did it “require [him] to secure an independent evaluation with in only seven

days before trial.” While the trial court denied Howard’s request that the county pay for the

second mental-health evaluation, the trial court allowed Howard the opportunity to proceed

with the second mental-health evaluation at his own expense.

¶21. And while the trial court initially denied Howard’s ore tenus motion for a

continuance, the trial court later granted a continuance. In fact, Howard was afforded an

additional eight months before his trial. We see no error here.

¶22. Finally, the State argues that Howard is procedurally barred from challenging the

circuit court’s denial of his motion for continuance on appeal because he failed to raise the

issue in a post-trial motion for a new trial. In Crawford v. State, this Court explained that

The denial of a continuance is not an issue reviewable on appeal where

the denial of the continuance is not assigned as a ground for a new trial in the

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defendant’s post-trial motion for a new trial. On motion for a new trial, certain

errors must be brought to the attention of the trial judge so that he may have

an opportunity to pass upon their validity before this court is called upon to

review them. For example, the denial of a continuance in the trial court is not

reviewable unless the party whose motion for continuance was denied makes

a motion for a new trial on this ground.

Crawford v. State, 787 So. 2d 1236, 1242–43 (Miss. 2001) (citation modified).

¶23. We recognize that the record does not contain a motion for a new trial. Regardless

of the procedural bar, however, “the decision to grant or deny a motion for continuance is

within the sound discretion of the trial court and will not be reversed unless the decision

results in manifest injustice.” Ross v. State, 954 So. 2d 968, 1007 (Miss. 2007) (citing Cox

v. State, 849 So. 2d 1257, 1267 (Miss. 2003)).

¶24. We find that no injustice resulted from the trial court’s denial of Howard’s ore tenus

motion for continuance, as a continuance was later granted. Howard obtained a second

mental-health evaluation, and his trial proceeded eight months later.

CONCLUSION

¶25. Finding no error, we affirm Howard’s convictions and sentences.

¶26. AFFIRMED.

RANDOLPH, C.J., KING AND COLEMAN, P.JJ., ISHEE, GRIFFIS,

SULLIVAN, WILSON AND TOLLISON, JJ., CONCUR.

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