Man loses appeal in sister’s shooting death
Published 6:34 pm Wednesday, April 16, 2008
The state Court of Appeals has rejected claims from convicted murderer Antonio Page that his attorney failed to investigate whether a pistol whipping he suffered before killing his sister may have played a role in his actions.
The Appeals Court on Tuesday upheld Page’s murder conviction and life without parole sentence handed down in 2007 in Forrest County.
Page was convicted in the shooting death of his sister, Cynthia Page, on Aug. 30, 2005.
Prosecutors said the shooting came after Page had argued and fought with Cynthia Page’s boyfriend over ice.
During the fight, according to the court record, the boyfriend twice hit Page in the head with a pistol. On appeal, Page alleged his attorney failed to investigate whether the blows to the head that Page suffered resulted in a mental or psychological condition which caused him to shoot his sister.
Appeals Judge Donna M. Barnes, writing Tuesday for the court, said there was nothing in the court record to suggest that Page’s attorney didn’t investigate Page’s claim.
Barnes said prosecutor’s argue that the defense attorney could have investigated Page’s mental state and been unable to find any useful evidence for Page’s defense.
“All we have are Page’s unsubstantiated allegations that his counsel failed to investigate his supposed impaired mental state. This is inadequate,” Barnes said.