RANDOLPH, Presiding Justice, for the Court:

¶ 1. Eric Moffett was convicted of capital murder and sentenced to death by a jury. The jury determined that the murder of a five-year-old child was: (1) committed while Moffett was engaged in felonious abuse and/or battery of a child; and (2) especially heinous, atrocious, or cruel.

¶ 2. Moffett's conviction and sentence were affirmed by this Court on direct appeal, and his motion for rehearing was subsequently denied. Moffett v. State, 49 So.3d 1073 (Miss.2010). Moffett sought relief in the United States Supreme Court by way of a petition for writ of certiorari, which was denied on October 3, 2011. Moffett v. Mississippi, ___ U.S. ___, 132 S.Ct. 127, 181 L.Ed.2d 49 (2011). Moffett has presented a motion, an amended motion, and a supplemental motion seeking post-conviction relief.

¶ 3. Moffett was convicted of a savage sexual assault on a five-year-old girl, culminating in her death. Compelling evidence supported his conviction, including conclusive DNA evidence, eyewitness testimony, and a confession, inter alia. Moffett primarily is focused on ineffective-assistance-of-counsel claims, which we categorize into three parts: (1) ineffective assistance of Andre' de Gruy and Dan W. Duggan, Jr., trial counsel, (2) ineffective assistance of de Gruy and Allison R. Steiner, appellate counsel, and (3) cumulative error. Finding no merit in any of Moffett's claims, we deny relief.

STATEMENT OF THE FACTS

¶ 4. The following factual and procedural background is gleaned from this Court's opinion on direct appeal.

Moffett, 49 So.3d at 1077-79. Additional facts are provided when relevant to the discussion of each issue infra.

¶ 5. Moffett filed his Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief on December 7, 2011. On December 22, 2011, Moffett filed an amended motion for leave. This Court later entered a stay of Moffett's post-conviction proceedings to allow his experts access to Moffett for a mental evaluation. Moffett was then permitted to file a supplemental motion on April 8, 2013. The State has responded to Moffett's motions.

ISSUES

¶ 6. "The procedural bars of waiver, different theories, and res judicata as well as the exceptions thereto contained in Miss.Code Ann. § 99-39-21(1)-(5) are clearly applicable to death penalty post-conviction relief applications." Powers v. State, 945 So.2d 386, 395 (Miss.2006). Moffett carries the burden of demonstrating that his claims are not procedurally barred. Id. (citing Miss.Code Ann. § 99-39-21(6)). If successful, he then must make a substantial showing of the denial of a state or federal right. Miss.Code Ann. § 99-39-27(5).

¶ 7. With regard to trial counsel, Moffett claims he received ineffective assistance from de Gruy and Duggan, asserting they failed to object to: comments by the prosecutors; the admission of prior consistent statements into evidence; testimony regarding whether the victim's injuries were heinous, atrocious and cruel; testimony by the victim's family members regarding his sentence, and portions of the State's closing argument during the sentencing phase. He also asserts they were ineffective for failing to: perform an adequate pretrial investigation; arrange for Moffett to have a mental-health evaluation; and renew the defense's motion for a "cooling off" period between the guilt and sentencing phases of trial.

¶ 8. Moffett also complains that his appellate counsel, de Gruy and Steiner, were ineffective for failing to raise some of the aforementioned ineffective-trial-counsel claims on direct appeal. He now asserts that those issues should have been raised as plain error given the fact that he was represented on appeal by one of the same attorneys who tried his case. Finally, he asserts that he is entitled to relief due to cumulative error.

ANALYSIS

¶ 9. The test for ineffective assistance of counsel is well-settled. "The benchmark for judging any claim of ineffectiveness [of counsel] must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." Strickland v. Washington, 466 U.S. 668, 686, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984). In order to prevail on such a claim, Moffett must demonstrate to this Court that counsel's performance was deficient and that the deficiency prejudiced the defense of the case. Id. at 687, 104 S.Ct. 2052. "Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable." Stringer v. State, 454 So.2d 468, 477 (Miss.1984) (citing Strickland, 466 U.S. at 687, 104 S.Ct. 2052).

¶ 10. "In any case presenting an ineffectiveness claim, the performance inquiry must be whether counsel's assistance was reasonable considering all the circumstances." Stringer v. State, 454 So.2d 468, 477 (Miss.1984) (citing Strickland, 466 U.S. at 688, 104 S.Ct. at 2065; State v. Tokman, 564 So.2d 1339, 1343 (Miss.1990)).

Foster v. State, 687 So.2d 1124, 1130 (Miss. 1996).

¶ 11. Furthermore, even where professional error is shown, this Court must determine whether there is "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Mohr v. State, 584 So.2d 426, 430 (Miss. 1991). When reviewing a capital-murder case, the most important inquiry is "whether there is a reasonable probability that, absent the errors, the sentencer — including an appellate court, to the extent it independently reweighs the evidence — would have concluded that the balance of aggravating and mitigating circumstances did not warrant death." Strickland, 466 U.S. at 695, 104 S.Ct. 2052. If Moffett's ineffective-assistance-of-counsel claims fail on either of the Strickland prongs, his claims must fail. Foster v. State, 687 So.2d 1124, 1129-30 (Miss.1996).

Trial Counsel

1. Failure to conduct a mental-health evaluation

¶ 12. This issue from Moffett's supplemental motion is discussed first because, if it had merit, it would be potentially dispositive of this matter. Moffett claims that de Gruy and Duggan were ineffective for failing to "adequately investigate,... ensure an accurate and thorough mental health evaluation, ... rebut the prosecution['s] trial arguments, and... adequately present mitigation evidence in the sentence phase of his capital trial." This argument merges with Moffett's claim that counsel failed to perform an adequate pretrial investigation, which is discussed in the next issue. Having reviewed Moffett's supplemental issue, we find it is without merit.

¶ 13. Moffett urges that they failed to conduct a proper investigation into available mitigation evidence, specifically his mental health, and failed to present this evidence to the jury, thereby preventing the jury from reaching a reasoned decision on sentencing.

¶ 14. Moffett has presented this Court with the affidavits of Tora Brawley, Ph.D., a clinical psychologist from South Carolina; Donna M. Schwartz-Watts, M.D., a forensic psychologist; and one of his trial attorneys, de Gruy. Moffett also provided a copy of Dr. Brawley's neuropsychological evaluation of Moffett.

Tora Brawley, Ph.D.

¶ 15. Dr. Brawley evaluated Moffett on October 16, 2012, nearly eighteen years after Felicia's murder. According to Dr. Brawley's report, Moffett told her: he has a history of heavy alcohol and marijuana use and once had a three-to-four-month period when he used cocaine on a daily basis; he denied having seizures, headaches, or other neuropsychological difficulties; he reported being "dazed" from a blow received in martial arts sparring; he now suffers from high blood pressure for which he takes medication; he now has mild increases in depression, anxiety, and irritability in reaction to his situation; his maternal uncle had a stroke; and there was no reported history of neurological or psychological difficulties in his family.

¶ 16. While evaluating Moffett, Dr. Brawley performed numerous tests. She opined that the cause of Moffett's mild depression and anxiety most likely was past drug and alcohol abuse. Dr. Brawley further stated that these conditions likely have improved since Moffett's incarceration because he no longer has access to these substances. The results reported in Dr. Brawley's assessment show Moffett to have a WAIS-IV Full Scale IQ of 86 (verbal comprehension 95, perceptual reasoning 82), placing him in the low average range of intellectual functioning. She stated that "testing result[s] revealed the presence of multiple scattered cognitive deficits suggestive of organicity."

Donna M. Schwartz-Watts, M.D.

¶ 17. Dr. Schwartz-Watts stated in her affidavit, dated February 4, 2013, that she evaluated Moffett on October 4, 2012, and reviewed Dr. Brawley's report. It is Dr. Schwartz-Watts's opinion that Moffett suffers from a life-long anxiety disorder, characterized by excessive anxiety and worry. She attributes this disorder to his drug and alcohol use, stating that, in order to ease his symptoms, Moffett self-medicated with drugs and alcohol.

¶ 18. Dr. Schwartz-Watts stated that Moffett has memory and motor-skills impairments. Further, there are strong indications that he has been exposed to abnormal levels of lead or other heavy metals. She opined that Moffett suffers from a cognitive disorder, which causes impairments in behavior, emotion and impulse control, judgment, problem-solving and memory. Finally, she opines that these conditions existed at the time of Moffett's initial arrest, which was December 31, 1994, and at the time of trial in 2006. She opined that Moffett's impairments could have contributed to his failure to cry and his anger at the crime scene.

Affidavit of Andre' de Gruy

¶ 19. The following is an excerpt from the affidavit of de Gruy. His affidavit was provided with Moffett's supplemental motion for post-conviction relief, but it fails to support this claim.2

(Emphasis added.)

¶ 20. Again, this Court "... is to determine whether counsel exercised reasonable professional judgment in conducting its investigation based on an assessment of the prevailing professional norms, including a context-dependent consideration of the challenged conduct as seen from counsel's perspective at the time." Id. at 217 (internal quotes omitted). This Court has held that "[j]udicial scrutiny of counsel's performance must be highly deferential...," (Strickland, 466 U.S. at 689, 104 S.Ct. 2052) and courts have rightly "upheld decisions not to put on mitigating evidence where the decision resulted from a sound trial strategy." Havard v. State, 988 So.2d 322, 334 (Miss.2008). Further, "[j]udicial scrutiny of counsel's performance must be highly deferential.... A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time." Foster v. State, 687 So.2d 1124, 1130 (Miss.1996) (citation omitted).

¶ 21. Moffett's counsel initiated a mitigation investigation in which he participated. Further, the defense elected to present a Skipper approach in mitigation. After our reading of de Gruy's affidavit and evaluating defense counsel's conduct from their perspective, we find that Moffett failed to carry his burden to establish that the failure to conduct a mental-health evaluation was due to oversight or dereliction. It was a conscious decision. Neither of the affidavits from Moffett's psychologists offers sufficient evidence that warrants a finding of ineffective assistance of counsel. Such evidence in mitigation would have gone against the grain of the mitigation case that was presented. Accordingly, we find this claim of ineffective assistance of counsel does not satisfy the Strickland standards.

2. Failure to perform an adequate pretrial investigation

¶ 22. Moffett asserts that no mitigation investigator was assigned to his case and all mitigation investigation was left to staff. De Gruy's affidavit belies this claim. Although staff-assisted, an investigation into mitigating circumstances was conducted. The fact that student interns were part of the defense team is not in and of itself deficient performance by the defense team. De Gruy also stated that he personally conducted some of the interviews.

¶ 23. Moffett further asserts that de Gruy and Duggan failed to conduct a proper investigation and to present available mitigation evidence, thereby preventing the jury from reaching a reasoned decision on sentencing. "[T]he failure to present a case in mitigation during the sentencing phase of a capital trial is not, per se, ineffective assistance of counsel." Williams v. State, 722 So.2d 447, 450 (Miss.1998). In Crawford v. State, 867 So.2d 196 (Miss.2003), this Court held that "a court is to determine whether counsel exercised reasonable professional judgment in conducting its investigation based on an assessment of the prevailing professional norms, including a context-dependent consideration of the challenged conduct as seen from counsel's perspective at the time." Id. at 217 (internal quotations omitted).

¶ 24. Moffett was represented at trial by de Gruy and Dan W. Duggan, Jr.; de Gruy has served as capital defense counsel since the inception of his legal career in 1990. Although counsel did not hire a mitigation investigator, an investigation was performed by counsel and staff.

¶ 25. Moffett further asserts that defense counsel was unaware that family members were willing to testify on his behalf, and as a result, the decision not to call family members cannot be considered strategic. To prevail on this claim, Moffett must show that, had the affiants been called to testify, there was a reasonable probability that the result of the proceeding would have been different. Spicer v. State, 973 So.2d 184, 191 (Miss.2007) (citing Mohr, 584 So.2d at 430).

Chamberlin v. State, 55 So.3d 1046, 1054 (Miss.2010).

¶ 26. De Gruy states in his affidavit that he "... was aware that Mr. Moffett had family members in the local area[,] ... did not prepare any of them to testify in order to seek mercy on [Moffett's] behalf in sentencing[,] ... [and now alleges he] knew that [he] had erred in this regard before the prosecution's closing statements were even completed." De Gruy's affidavit does not state that he did not have a mitigation strategy or claim that he failed to interview an important witness or conduct an investigation, only that he second-guessed his own strategy as the case was unfolding. Further, the affidavits from Moffett's family members provide minimal mitigation evidence.

¶ 27. The affidavits of Moffett's family members read essentially the same: 1) that Moffett is of good character; 2) they have memories of good times spent with Moffett; and 3) the affiants were willing to beg the jury for mercy on Moffett's behalf had they been asked to testify at sentencing.4 They stated that they were not approached by defense counsel to offer mitigation testimony. Although defense counsel did not call Moffett's family members as mitigation witnesses, they did prepare and present a case in mitigation.

¶ 28. James Evans Aiken, president of a prison consulting firm, was called as an expert in corrections and classification of inmates. Aiken described for the jury what life in prison under maximum security would be like. He testified that he interviewed Moffett and was able to review records of Moffett's institutional behavior for the period Moffett was incarcerated. Moffett had fairly minor violations during that time. Aiken also testified that, if he were the warden supervising Moffett, he would have no concerns for the safety of his staff or anyone else. Specifically, Aiken testified that Moffett would be at the "lowest end of the probability scale" to harm others but at the "highest level of probability scale to be attacked or injured or a victim of violence from other inmate population." When asked if there was a record of violence by Moffett while in jail, Aiken said there was not, and there was no record of him being victimized either. It was Aiken's testimony that prior institutional behavior was a better predictor of what future institutional behavior would be, as opposed to a person's behavior in the community. Aiken opined that Moffett could be managed in a prison environment for the remainder of his life.

¶ 29. Aiken's testimony offered the jury a glimpse from an independent witness of what prison life likely would be like for Moffett, i.e., Moffett's life in prison would not be easy if he were allowed to live. Further, Aiken offered independent testimony of Moffett's behavior as a nonviolent person to influence the jury to consider the possibility of life without parole.

¶ 30. We are left with the question whether there was a reasonable probability that the result of the proceeding would have been different had the family members been called as witnesses. Spicer, 973 So.2d at 191. Assuming, arguendo, that Moffett satisfied the first prong, which he did not, we conclude that the result would not have been different. Thus, Moffett has failed to show prejudice. Plus, the United States Supreme Court has "explained that there is no prejudice when the new mitigating evidence `would barely have altered the sentencing profile presented' to the decisionmaker, Strickland, supra, at 700, 104 S.Ct. 2052." Sears v. Upton, 561 U.S. 945, 130 S.Ct. 3259, 3266, 177 L.Ed.2d 1025. Moffett fails to meet his burden to satisfy Strickland standards.

3. Failure to object to comments made by the prosecution

¶ 31. Moffett asserts that de Gruy and Duggan were ineffective for failing to object to statements made by the prosecution to the jury venire.5 Moffett also asserts that they were ineffective for failing to object to statements that he alleges "vouch[ed] for the credibility of the [S]tate's case and primary witness."

(a) Prosecutor's comments on the death penalty in Hinds County

¶ 32. Moffett cites comments made by Mansell during the preliminary opening statement to the venire:

¶ 33. After giving a description of what the State intended to prove, the prosecutor concluded by saying: "... at the end of this case I'm going to ask you to impose a death sentence. If I have ever seen a case that deserves it, this one deserves it."

¶ 34. During closing argument, Mansell stated:

¶ 35. Moffett further complains that Mansell said, "[w]e would not have you up here unless we were 100 percent convinced that [Moffett] was guilty. Wouldn't do it. I'm not going to waste your time." Further, she stated, "I bring cases to juries that I am 100 percent convinced that the defendant is guilty, that the physical evidence as well as the witnesses support that fact that that defendant is guilty beyond a reasonable doubt." These statements drew no objections.

¶ 36. Moffett argues that the prosecutor's comments on the rarity of seeking the death penalty in Hinds County and her experience amounted to invoking her position as the government's attorney and thus, de Gruy and Duggan were ineffective for failing to object to these comments. He cites Holland v. State, 705 So.2d 307 (Miss.1997).

¶ 37. In Holland, the defendant alleged that the prosecutor improperly invoked his position as the government's attorney when he stated: "I'm the chief law enforcement official for a three-county area. I take my job seriously." Id. at 347. He later stated, "I had the job of charging this crime. That has been reviewed, and we're here in court today because this is one of those rare cases." Id.

¶ 38. On review, this Court stated:

Id. at 347 (internal quotations and citations omitted). However, this Court went on to say that

¶ 39. In the instant case, the comments made by Mansell during her preliminary opening statement were made to the entire jury venire, prior to individual voir dire. The State argues that this was nothing more than the prosecutor's attempt to communicate to those potential jurors the magnitude of their service and the serious nature of the case. Following the complained-of comments made in the preliminary opening statement, Mansell went on to say:

¶ 40. Similar to Holland, after the jury was selected, Mansell unequivocally stated to the jury:

(Emphasis added.)

¶ 41. After reviewing the entirety of the prosecutor's statements, it is quite apparent that the prosecutor was seeking to gain the jury's appreciation for the task at hand. She made no direct comment that she has sought the death penalty only in rare instances such as this one. As will be discussed infra, the jury was properly instructed by the trial court that the decision on Moffett's guilt was exclusively the jury's. Furthermore, the prosecutor repeatedly reminded the jury that the decision was theirs to make, based on the evidence.

¶ 42. With regard to statements made by the prosecutor during closing arguments, it cannot be said that she implied that her decision should be binding on the jury. During closing argument, Mansell told the jury:

(Emphasis added.)

¶ 43. Moffett offers this issue as a claim of ineffective assistance of counsel. Assuming, arguendo, that Moffett's counsel was deficient for not objecting, the issue is without merit in light of the full context of the prosecution's remarks, and Moffett fails to show prejudice.

(b) Comments on Moffett's silence and lack of remorse

¶ 44. If a prosecutor comments on a defendant's failure to testify, he violates the criminal defendant's Fifth Amendment right against self-incrimination. Griffin v. California, 380 U.S. 609, 611, 85 S.Ct. 1229, 1231, 14 L.Ed.2d 106 (1965). Moffett asserts that the prosecutors made remarks about his lack of remorse. He complains that "... the prosecution did so repeatedly, beginning in the opening statements when Mansell informed the jury that Moffett `[h]as not cried once' and invited the jury to `watch him through this trial' to see if he would cry." Moffett offered this snippet of Mansell's opening remarks. A full reading is as follows:

¶ 45. The full text reveals that Mansell was previewing the State's case regarding Moffett's demeanor at the crime scene. Such evidence is not only permissible; it is relevant. "The demeanor, acts and conduct of an accused at the time and subsequent to the crime are admissible. However, this should be limited to a statement of the facts by the witness or witnesses, leaving the jury free to form its own conclusions." Davis v. State, 684 So.2d 643, 654 (Miss.1996) (quoting Harrelson v. State, 217 Miss. 887, 65 So.2d 237, 239 (1953)). Thus, we find no merit in this claim.

¶ 46. Moffett also takes issue with the prosecution's comments made during the State's closing arguments, when Alexander said, "And even though he's sitting over there all smug today with his counsel surrounded by people that are going to tell you about the goodness in his heart...." (Emphasis added.) During the second half of closing arguments, Mansell said:

¶ 47. This Court has held it is improper for the prosecuting attorney to call the jury's attention to the fact that the defendant sat in the courtroom and showed no emotion, the implication being that, for that reason, he must be guilty. Reed v. State, 197 So.2d 811, 815-16 (Miss.1967). In Davis v. State, 684 So.2d 643 (Miss. 1996), during closing arguments of the sentencing phase, the prosecutor stated, "I haven't seen remorse." Id. at 654. This comment drew an objection on the grounds that it concerned Davis's failure to testify. Id. Davis asked that the jury be instructed to disregard it and moved for a mistrial. Id. The trial court did admonish the jury to disregard the statement but denied the motion for a mistrial. Id. In its analysis of Davis, this Court discussed Harrelson, and in doing so, stated:

Davis, 684 So.2d at 654. The Davis Court ultimately found that the admonition of the court sufficiently cured the effect of the statement. Id.

¶ 48. In the instant case, Moffett's counsel did not object to the prosecution's comments, and no admonishment was sought. The issue was not raised on direct appeal, and had it been, it would have been procedurally barred by waiver. See Doss v. State, 709 So.2d 369, 400 (Miss.1996) (The failure of defense to contemporaneously object to improper comments from prosecutor regarding, among other things, the defendant's lack of remorse, was procedurally barred on direct appeal.). Moffett asserts that his counsel was ineffective for failing to object to the impermissible commentary on his lack of remorse during the trial.

¶ 49. As a general rule, prosecuting attorneys should refrain from commenting upon the appearance of a defendant. We have reviewed the closing arguments by the prosecution, and in context of the entire argument, the fleeting comments complained of have a de minimus effect. Had we been asked to address this claim on direct appeal, the likely outcome would have been harmless error in light of the overwhelming evidence. The prosecutor's comments about Moffett's demeanor during the trial were made to a jury that had the opportunity to personally view his demeanor for themselves. The jurors had the opportunity to form their own opinions and were not required to rely on the prosecutor's opinions. Moffett now raises the issue in his post-conviction motion as a claim of ineffective assistance of counsel. Even if we were to assume that defense counsel should have objected to the comments, we find that there is not "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Mohr, 584 So.2d at 430 (Miss.1991). "Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable." Stringer, 454 So.2d at 477 (Miss.1984). This assignment of error is without merit.

(c) Personal attacks on defense counsel

¶ 50. Moffett asserts that the State engaged in personal attacks on defense counsel. He relies on Edwards v. State, 737 So.2d 275 (Miss.1999). In that case, this Court noted that "[i]nappropriate or improper prosecutorial remarks are not necessarily reversible error." Id. at 300. The test, again, is "... whether the natural and probable effect of the prosecuting attorney's improper argument created unjust prejudice against the accused resulting in a decision influenced by prejudice." Id. (quoting Dunaway v. State, 551 So.2d 162 (Miss.1989)).

¶ 51. In Edwards, the prosecutor made the following comments during closing argument:

Id. This Court found those comments to be "egregious" and found it to be one of five errors, while stating that the "error alone may or may not have resulted in reversibility." Id. at 301.

Alexander's closing argument.

¶ 52. Moffett complains that Alexander, in anticipation of what the defense might argue in closing, told the jury that defense counsel might "turn flips and cart wheels" in responding to the State's evidence. The comment complained of reads in full as follows:

Those comments can hardly be considered prejudicial, personally derogatory, or especially egregious.

¶ 53. Moffett also claims that Alexander referred to defense arguments as "ridiculous." This is not entirely accurate. Unlike the attorney in Edwards, Alexander presented his portion of closing argument before the defense presented its own. With regard to whether Moffett's mother had exculpatory evidence at the time Moffett was arrested, Alexander asked the jury to consider why Moffett's mother did not go talk to the police when requested to do so. Alexander reminded the jury that she had a car. He suggested that she did not go because she would not lie for her son. Following that conclusion, Alexander hypothesized:

Alexander's comment does not compare to the deviation from professionalism that occurred in Edwards, 737 So.2d at 301.

¶ 54. At another point in Alexander's closing argument, the defense objected to his arguing matters outside of the evidence. After the objection was overruled, Alexander stated: "I'm going to tell you the truth. And they can say what they want when I finish." Moffett asserts that Alexander was implying that the defense would not tell the truth. Finally, Alexander concluded his argument by commenting that Moffett was "running from justice."

¶ 55. The argument here, again, is whether counsel was ineffective for failing to object to the remarks by the prosecutor. These comments do not compare to the prejudicial comments shown in Edwards, 737 So.2d at 301. These comments lack the egregious content and derogatory nature of Edwards. Id. Thus, counsel was not ineffective for failing to object. Further, Moffett does not pass the prejudice prong of Strickland, even if the Court were to assume, arguendo, that objections should have been made. Strickland, 466 U.S. at 687, 104 S.Ct. 2052.

Mansell's closing argument.

¶ 56. Moffett next complains of Mansell's final closing remark, responding to the defense: "And let's be so disrespectful to a mother that lost her child and wad her statement up in the garbage." Moffett further complains about Mansell's final remarks where she stated: "[LaQuandia, the victim's older sister,] gave a statement to the CASA people 11 days after this happened. And they want to say well, she had access to the police reports. Well, you know that's what defense attorneys [sic] do. They turn things around a little bit." (Quotations added.) Moffett maintains that these comments were clearly irrelevant to his guilt but were intended to prompt the jury to question the veracity of defense counsel's arguments. Moffett relies on U.S. v. Vaccaro, 115 F.3d 1211 (5th Cir.1997), in which the Fifth Circuit considered a similar comment by the prosecution, yet affirmed.

Id. at 1218.

¶ 57. Like most of Moffett's other assertions of ineffective assistance of counsel related to the prosecutors' statements, there was no contemporaneous objection or request for a cautionary instruction. The test this Court must apply to determine the underlying issue of whether the comments require reversal is still "... whether the natural and probable effect of the prosecuting attorney's improper argument created unjust prejudice against the accused...." Edwards, 737 So.2d at 300. The comments did not rise to a prejudicial level of impugning the integrity of the defense team.

¶ 58. Even if this Court were to assume that Moffett's counsel should have objected to every comment complained of, Moffett still must show that "... the result of the proceeding would have been different." Mohr v. State, 584 So.2d 426, 430 (Miss. 1991). The overwhelming weight of evidence (eyewitness testimony, DNA evidence, and Moffett's confession) belies the proposition that unjust prejudice influenced his conviction. Moffett fails on the second prong of Strickland, even if members of this Court should agree that objections were warranted. Strickland, 466 U.S. at 687, 104 S.Ct. 2052.

¶ 59. Further, this Court has held that improper remarks made during closing arguments can be harmless error where the evidence of guilt is overwhelming. Dancer v. State, 721 So.2d 583, 590 (Miss.1998). The evidence in this case is overwhelming, and if one assumes error for the sake of argument, it is harmless.

(d) Prosecutor's expressions of personal opinion

¶ 60. Moffett complains that the prosecution made comments in closing arguments that were based on personal knowledge outside the evidence in the case. "The standard of review that appellate courts must apply to lawyer misconduct during opening statements or closing arguments is whether the natural and probable effect of the improper argument is to create unjust prejudice against the accused so as to result in a decision influenced by the prejudice so created." Sheppard v. State, 777 So.2d 659, 661 (¶ 7) (Miss.2000).

¶ 61. Specifically, Moffett complains that the prosecutor injected her own opinion about how long semen would remain "fresh semen." Mansell stated in closing argument: "What [the defense] can't get over is Rod Eriksen in his own report 11 years ago put in there it was fresh semen. I've seen fresh semen. I know what fresh semen looks like." She then stated that she was sure the members of the jury knew what fresh semen looks like. Mansell followed:

Attorneys on both sides are generally afforded broad latitude during closing arguments. Wright v. State, 958 So.2d 158, 161 (Miss.2007). In Brewer v. State, 704 So.2d 70 (Miss.1997) (quoting Clemons v. State, 320 So.2d 368, 371-72 (Miss.1975)), this Court stated:

Id. at 72. Given the latitude which counsel is to be afforded, and considering the content of the statements, she was within the permissible bounds of closing argument, for the statements were supported by the evidence adduced.

¶ 62. Moffett also complains that Mansell injected personal opinions about a defense witness's testimony by comparing for the jury Moffett's mother's inaction with what she personally would have done in a similar situation. Mansell stated:

(Emphasis added.) Mansell was offering argument from which inferences fairly could be drawn based on the evidence presented. When considered in context, her arguments were not designed "to create unjust prejudice against the accused so as to result in a decision influenced by the prejudice so created." Sheppard, 777 So.2d at 661.

¶ 63. Moffett next complains that Mansell argued facts not in evidence. Prosecutors are permitted to argue anything in the State's closing argument that was presented as evidence. Hanner v. State, 465 So.2d 306, 311 (Miss.1985) (citing Zant v. Stephens, 462 U.S. 862, 103 S.Ct. 2733, 77 L.Ed.2d 235 (1983)). "In general, parties may comment upon any facts introduced into evidence, and may draw whatever deductions and inferences that seem proper from the facts." Ross v. State, 954 So.2d 968, 1002 (Miss.2007).

¶ 64. Prior to discussing Donald Davis's testimony with the jury, Mansell made statements like "[p]redators want the child to come to them." Defense counsel objected when Mansell stated, "The perpetrator and predator want it to be the child's fault. The child wanted it. The child came to me — ." The defense argued that Mansell was outside the record, and the objection was overruled. Mansell later returned briefly to this line of argument without drawing another objection from the defense.

¶ 65. Examining Moffett's claim under the standard for ineffective assistance of counsel, he cannot show that counsel's performance was deficient because defense counsel lodged an objection. Further, it is worth repeating that this Court has held that improper remarks made during closing arguments can be harmless error where the evidence of guilt is over-whelming. Dancer, 721 So.2d at 589. Given the overwhelming evidence against Moffett in this case, it cannot be said that Mansell's comments created unjust prejudice against Moffett so as to result in a decision influenced by the prejudice claimed.

¶ 66. Moffett next asserts that Mansell made inflammatory arguments with no basis in fact that Moffett had selected the victim because "she wasn't his color." The State counters that the prosecutor's comments were inferences drawn from the evidence. Specifically, Donald Davis's testimony included, "[Moffett] stated he didn't know why he did it. He wasn't drunk or high on drugs, but he felt like that Felicia wanted it done too because they, the kids at school, always made fun of Felicia saying she was a white man's baby. He, Moffett, stated that he relieved her of her pains."

¶ 67. With regard to closing arguments, this Court has stated that the attorney's "... function is to draw conclusions and inferences from evidence on behalf of his client in whatever he deems proper, so long as he does not become abusive and go outside the confines of the record." Brown v. State, 690 So.2d 276, 296 (Miss. 1996). Felicia's mixed race was introduced through the testimony of Davis. Given the broad latitude permitted in closing arguments, it was within bounds for Mansell to comment on Moffett's confession as to why he committed the atrocities against Felicia.

¶ 68. Moffett raises each of these issues under the claim of ineffective assistance of counsel, asserting that his defense counsel should have objected to the prosecutor's comments. However, as mentioned above, defense counsel did object to some of the prosecutor's arguments and was overruled. This Court must maintain the presumption that counsel's conduct falls within the wide range of reasonable professional assistance. Moffett has failed to show that counsel was deficient. Further, even if we were to assume that counsel should have objected to every argument, Moffett has not shown related prejudice. Accordingly, his ineffective-assistance-of-counsel claims do not pass the standard set forth in Strickland, 466 U.S. at 687, 104 S.Ct. 2052.

(e) Prosecutor's vouching for the credibility of a State witness

¶ 69. Moffett complains that the prosecution personally vouched for the credibility of Donald Davis and put the imprimatur of the government and the prosecution behind him. Many of the prosecution's comments that Moffett complained of above are reargued. However, because they have been considered, the focus of this analysis will be limited to the comments regarding Donald Davis.

¶ 70. "A prosecutor is forbidden from interjecting his personal beliefs regarding the veracity of witnesses during closing argument." Foster v. State, 639 So.2d 1263, 1288 (Miss.1994) (citing United States v. Young, 470 U.S. 1, 5, 20, 105 S.Ct. 1038, 1041, 1048-49, 84 L.Ed.2d 1, 6, 15 (1985)).

Id. (quoting United States v. Garza, 608 F.2d 659, 665-66 (5th Cir.1979)).

¶ 71. When discussing Garza, the Foster Court found the prosecutor's comments to be improper.

Foster, 639 So.2d at 1288, (n. 1)

¶ 72. Moffett complains about numerous comments made by Mansell. During preliminary opening statements, Mansell told the potential jurors that Donald Davis may be referred to by the defense as a "jailhouse snitch, a rat, a whatever ..." but she assured the venire that "[h]e got nothing, no deal whatsoever. Never has." This comment does not reflect a personal opinion of Davis's veracity.

¶ 73. Next, Moffett complains Mansell stated:

(Emphasis added.) It is clear that Mansell was giving the jury a factual basis to accept Davis's testimony, based on statements he gave more than a decade earlier. The transcript reveals that Mansell also paraphrased the testimony that she expected Donald Davis to give. This situation is quite different from that of Garza or Foster, because Mansell directed the jury's attention to evidence they should look for. Mansell specifically told the jury that Davis either had to have been present during the crime or Moffett had to have told him the details, based on his 1995 writing. Mansell's other statements militate against jury reliance on her or the government's opinion of the veracity of Davis, for during this same opening statement, Mansell said, "I'm going to tell you this now and I'm going to tell you again on my full opening, and I'm going to tell you again on closing. I want you to base your verdict on the evidence. I don't want you to base it on anything else." (Emphasis added.) Mansell further stated during her opening statements made after the petit jury was seated:

(Emphasis added.) The statement complained of is hardly a ringing endorsement by the government of Davis's veracity. Additionally, Mansell continued with constant reminders to the jurors that they determine credibility.

¶ 74. Moffett's complaints related to Mansell's closing arguments continued to where she reminded the jury of evidence that Davis's statement about Moffett's confession had not changed in more than eleven years. She stated:

(Emphasis added.) Mansell, when positing that Davis was credible, pointed to matters in evidence and told the jury his credibility was in their hands. She argued that credible evidence should not be dismissed simply because the witness was an inmate.

¶ 75. Like the other issues before, Moffett raises this issue under a claim of ineffective assistance of counsel for failing to object to the prosecution's comments. In order to find that counsel's failure to object amounts to deficient performance, Moffett must first show that the prosecutor's comments were objectionable. As discussed supra, they did not warrant an objection. However, assuming for the sake of argument that the defense should have objected, Moffett still must show prejudice, which he cannot do. The natural and probable effect of Mansell's comments did not "create unjust prejudice against the accused so as to result in a decision influenced by the prejudice so created." See Sheppard, 777 So.2d at 661 (Miss.2000).

(f) Cumulative effect

¶ 76. Moffett claims that the cumulative effect of the prosecutor's arguments denied him a fair trial and that de Gruy and Duggan should have objected to improper arguments. However, he has not shown that his defense counsel performed deficiently, nor has he shown prejudice, even if this Court were to assume that counsel should have objected. Therefore, having considered each claim, Moffett failed to overcome the Strickland standard on any claim and has not shown, cumulatively, that de Gruy and Duggan were ineffective in their representation.

4. Failure to pursue Mississippi Rule of Evidence 801 issue on appeal

¶ 77. The State offered the prior, 1995 statement of Donald Davis into evidence during Davis's testimony. Prior consistent statements are controlled by Mississippi Rule of Evidence 801(d)(1)(B). Counsel for Moffett objected to the statement, adequately preserving the issue for appeal. Moffett now complains that his appellate counsel abandoned the issue on direct appeal.

¶ 78. On direct appeal, Moffett's counsel presented nineteen issues for this Court's review. Appellate counsel assigned to prosecute an appeal from a criminal conviction does not have a constitutional duty to raise every nonfrivolous issue requested by defendant. Foster v. State, 687 So.2d 1124, 1138 (Miss.1996) (citing Jones v. Barnes, 463 U.S. 745, 749, 103 S.Ct. 3308, 3311, 77 L.Ed.2d 987 (1983)) (An indigent defendant does not have a constitutional right to compel appointed counsel to press nonfrivolous points requested by the client, if counsel, as a matter of professional judgment, decides not to present those points.)

¶ 79. When the United States Supreme Court held that a State must provide counsel for an indigent appellant as of right, it "recognized the superior ability of trained counsel in the `examination into the record, research of the law, and marshalling of arguments on [the appellant's] behalf.' Douglas v. California, 372 U.S. [353] at 358, 83 S.Ct. [814] at 817 [9 L.Ed.2d 811 (1963)]." Jones v. Barnes, 463 U.S. 745, 751, 103 S.Ct. 3308, 3313, 77 L.Ed.2d 987 (1983).

Jones v. Barnes, 463 U.S. at 751-52, 103 S.Ct. at 3314.

Id. at 754, 103 S.Ct. 3308.

¶ 80. Appellate counsel is not ineffective for failing to raise every possible issue. Counsel is presumed competent, and counsel's decisions on what issues to present on direct appeal were consistent with appropriate appellate practice. We reviewed Moffett's underlying claim — whether the trial court erred in overruling Moffett's objection to the introduction of Davis's prior consistent statement into evidence. We find that the trial court did not err by overruling the objection. See M.R.E. 801. Because the underlying assertion of error has no merit, counsel cannot be faulted for not raising the issue on direct appeal. Thus, this claim has no merit.

5. Failure to object to testimony regarding whether the crime was heinous, atrocious, and cruel

¶ 81. Moffett complains that one of the State's medical experts testified that Felicia's injuries were heinous, atrocious, and cruel. On cross-examination, Moffett's expert, Aiken, also testified that Felicia's injuries were heinous, atrocious, and cruel. Moffett asserts that his counsel were ineffective for failing to object to this testimony because a medical professional and a prison-adaptation expert were permitted to give legal conclusions. Moffett further asserts that his counsel were ineffective on appeal because, despite not having been preserved by an objection, this amounted to plain error and should have been raised on direct appeal.

¶ 82. The State maintains that this Court, on direct appeal, addressed Moffett's claim that the heinous, atrocious, and cruel aggravator should not have been submitted to the jury. Moffett, 49 So.3d at 1115. Regarding this issue, the Court engaged in the following analysis:

Moffett, 49 So.3d at 1115-16.

¶ 83. Moffett is now attempting to relitigate the submission of the heinous, atrocious, and cruel aggravator, an issue that is barred by the doctrine of res judicata, only this time under the guise of ineffective assistance of counsel. The State argues that Moffett's claims are meritless, because this Court already has determined on direct appeal that the aggravator in question was properly submitted to the jury and the "jury heard testimony regarding Felicia's atrocious injuries and the abhorrent manner of her death." Id. at 1115. Further, this Court held that the jury was properly instructed on this issue.

¶ 84. Res judicata notwithstanding, Rule 704 of the Mississippi Rules of Evidence provides: "Testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact." The "Comment" to Rule 704, however, states that "[t]he abolition of the ultimate issue rule does not result in the admission of all opinions. It is an absolute requirement under Rules 701 and 702 that opinions must be helpful to a determination of the case before they are admissible." M.R.E. 704 cmt.

Hart v. State, 637 So.2d 1329, 1339 (Miss. 1994) (emphasis in original) (quoting May v. State, 524 So.2d 957, 964 (Miss.1988)).

¶ 85. Outside the presence of the jury, the prosecution asked the State's medical expert if he would consider the injuries suffered by Felicia to be heinous, atrocious, and cruel. He was beginning to answer when counsel for the defense objected, stating that that was a determination for the jury. The prosecution responded that the jury was not present. The trial court, however, overruled the objection, stating that the medical expert was a forensic pathologist.

¶ 86. During the sentencing phase of trial, the medical expert was called to the stand and, again, asked if the injuries suffered by Felicia were heinous, cruel and atrocious. When asked if Felicia's injury was heinous, he responded that it was "despicable." When asked if it was cruel, he responded "if you define cruel in part as painful, I would. If it's wanton — [.]" When asked if it was atrocious, he responded, "If it's wanton, without remorse, yes, I would define it as that." He was asked again if he would consider Felicia's injury atrocious and he responded affirmatively.

¶ 87. On cross-examination, the prosecution showed Aiken a photo of Felicia Griffin and asked him if it was heinous. He responded, "For any human being to say it's not, something is very wrong." When asked if it was cruel, he responded, "Obviously." And when asked if it was atrocious, Aiken said, "Very much so."

¶ 88. With both witnesses, in the presence of the jury, this line of questioning drew no objections from the defense. One easily could conclude that it was strategic to abstain from objecting. First, objecting chances that the jury would give greater weight to the testimony. Second, given the evidence presented, the defense risks losing credibility with the jury. Finally, the trial court already had overruled a similar objection made outside the presence of the jury. Accordingly, it cannot be said that counsel's performance was deficient, and Moffett's claim does not overcome the standard set forth in Strickland. Additionally, this Court already has heard and determined on direct appeal that the jury was presented evidence to support the aggravator and that the jury was properly instructed. Moffett, 49 So.3d at 1115-16. For the forgoing reasons, it cannot be said that appellate counsel was ineffective for failing to assert that the testimony amounted to plain error on direct appeal.

6. Failure to renew motion for "cooling-off" period between the trial and sentencing phases

¶ 89. On direct appeal, Moffett's sixteenth issue brought into question whether the trial court erred by proceeding to the sentencing phase of the trial immediately after the jury returned a guilty verdict. In its analysis, this Court pointed out that Moffett submitted a pretrial motion requesting a twenty-four-hour cooling-off period before beginning the sentencing phase. The trial court deferred a decision until trial, stating "The Court will just make the best judgment it can based upon the existing status of the trial." This Court also pointed out that "Moffett did not object to proceeding, renew his motion for a cooling-off period, seek a recess or continuance, move to make an inquiry of the jury, or report to the trial judge that either he or his attorneys were too tired or otherwise not ready to proceed" following return of the guilty verdict. Moffett, 49 So.3d at 1112. The Court ultimately held that the trial court did not err, and it "was within its broad discretion to proceed without complaint or objection of the parties, their counsel, or the jury." Id. at 1114. The issue has been analyzed and rejected by this Court, and it is barred by the doctrine of res judicata.

¶ 90. Moffett now asserts that de Gruy and Duggan were ineffective for failing to renew the motion for a cooling-off period. The lack of an objection by defense counsel was but one factor in denying relief on this issue on direct appeal. The merits also were discussed. Res judicata notwithstanding, Moffett must demonstrate to this Court that his counsel's performance was deficient and that the deficiency prejudiced his defense. Strickland, 466 U.S. at 687, 104 S.Ct. 2052. As evidence of this claim for ineffective assistance of counsel, Moffett offers the affidavits of his trial counsel.

¶ 91. Even assuming, for the sake of argument, that Moffett's counsel were deficient for failing to recall the motion for a cooling-off period or request a recess, the affidavits do not point to any specific error or prejudicial conduct that arose from that deficient performance. Moffett also fails to point out how he was prejudiced by such a failure. An assertion that the jury's decision to impose the death penalty resulted from voting in the heat of passion or from being exhausted by late-night deliberations, without more, is mere speculation. There is nothing in the record that indicates Moffett's counsel, the jury, or the court had any difficulties continuing with the proceedings.

¶ 92. Further, he has failed to carry his burden and show that the trial court would have granted a cooling-off period if the request had been renewed. There is no mandatory statutory cooling-off period between the guilt and sentencing phases of trial in this state. Mississippi Code Section 99-19-101(1) states, in part:

Miss.Code Ann. § 99-19-101(1) (Rev. 2007) (emphasis added). Further still, this Court has found no error where a jury has had as little as fifteen minutes between the guilt and sentencing phases of trial. See McGilberry v. State, 741 So.2d 894, 919 (Miss.1999); Conley v. State, 790 So.2d 773, 799 (Miss.2001) (In light of McGilberry, denial of twelve-hour cooling-off period upheld where at least thirty minutes to two hours and thirty minutes lapsed between the guilt and sentencing phases of a capital-murder trial.) Moffett has failed to meet either prong of Strickland, and the application for leave should be denied on this issue.

7. Failure to object to testimony of family members regarding opinion of appropriate sentence for Moffett

¶ 93. Moffett contends that his trial counsel was ineffective for failing to object to statements made by the victim's family regarding the appropriate sentence they felt Moffett deserved. In its response, the State correctly points out that this Court considered and rejected the underlying issue of victim-impact statements on direct appeal. Moffett v. State, 49 So.3d 1073, 1105-08 (Miss.2010) ("Notwithstanding the waiver, we find no evidence that the jury was affected by passion or prejudice as a result of this limited testimony.").

¶ 94. This Court will not consider an ineffective-assistance-of-counsel claim when the underlying issue was considered on direct appeal and found to be without merit. Spicer v. State, 973 So.2d 184, 197 (Miss.2007). "The doctrine of res judicata shall apply to all issues, both factual and legal, decided at trial and on direct appeal." Miss.Code Ann. § 99-39-21(3) (Rev. 2007). The underlying issue here is barred and shall not be considered again under the guise of ineffective assistance of counsel. Foster v. State, 687 So.2d 1124, 1129 (Miss.1996).

8. Failure to object to portions of the prosecution's closing arguments during the sentencing phase

¶ 95. Although attorneys are not allowed to use unfair means when arguing to a jury, they are permitted broad latitude.

Spicer v. State, 973 So.2d 184, 203 (Miss. 2007).

¶ 96. As with Moffett's first issue discussed above, he continues to assert ineffective assistance of counsel for failing to object to certain arguments made by the State during the sentencing phase. Similar arguments made by the prosecution during the guilt phase of trial, discussed supra, were made again at sentencing. For the same reasons, this issue is without merit.

(a) Biblical references by the prosecution

¶ 97. Moffett expands his argument in this claim by challenging the prosecution's biblical references. In Manning v. State, 929 So.2d 885 (Miss.2006), however, this Court held:

Id. at 906. Having reviewed the biblical references Moffett complains of, they are within what this Court has approved. Therefore, Moffett cannot show that his counsel was ineffective for failing to object to the prosecutor's closing arguments on this matter.

(b) Comparing the plight of the victim with the life of the defendant

¶ 98. Moffett also claims that his counsel was ineffective for failing to object when the prosecution compared the plight of the victim to the life of Moffett during the sentencing-phase closing arguments. Specifically, Moffett takes issue with Mansell's closing argument wherein she stated:

¶ 99. Moffett asserts that it was improper argument to compare the plight of the victim with the life of the defendant in prison. Moffett relies on opinions from other jurisdictions, citing no authority from this Court. Moffett also asserts that it was impermissible to ask the jury to show the same amount of mercy toward Moffett as he showed his victim. Again, he cites no controlling authority. Further, just minutes before the prosecutor's remarks, Moffett asked the jury for mercy.

¶ 100. In Spicer, defense counsel begged the jury to have mercy on the defendant. The prosecution responded in turn as follows:

Spicer, 973 So.2d at 203. Spicer argued that his counsel was ineffective for failing to object to the prosecutor's comments. Finding no merit to his claim, this Court held:

Id. The prosecutor's comments were in response to Moffett's plea for mercy, and the comparison of the victim's plight with Moffett's life was no different than the comments made by the prosecutor in Spicer, with which this Court did not find error. Therefore, Moffett has not shown that his counsel was ineffective for failing to object to the prosecutor's closing arguments on this matter.

(c) Emotional appeals based on the prosecutor's circumstances

¶ 101. Moffett complains of references Mansell made to the jury, regarding her own daughter, which Moffett claims was an impermissible argument on the golden rule. Mansell stated:

¶ 102. In support of this contention, Moffett relies on Wells v. State, 698 So.2d 497 (Miss.1997), wherein the following dialogue occurred:

Id. at 506-07 (emphasis added).

¶ 103. The Wells Court stated: "Where a prosecutor has made an improper argument, the question on appeal is `whether the natural and probable effect of the improper argument of the prosecuting attorney is to create an unjust prejudice against the accused as to result in a decision influenced by the prejudice so created.'" Id. at 507 (quoting Davis v. State, 530 So.2d 694, 701 (Miss.1988)). The Court then held that the jury's verdict likely was not influenced by any prejudice that might have resulted from the district attorney's isolated "golden rule" argument in light of the overwhelming evidence against Wells. Id.

¶ 104. Mansell's comments are distinguishable from Wells, as they were not a "golden rule" argument. She did not "ask[] the jurors to put themselves in the place of one of the parties...." Chisolm v. State, 529 So.2d 635, 639-40 (Miss.1988). Further, given this Court's holding in Wells on this issue, even if we were to assume for the sake of argument that Mansell's comments were prejudicial, they pale in comparison to those made by the prosecutor in Wells, and they were harmless in the overall context of the case. Therefore, Moffett cannot show that his counsel were ineffective for failing to object to the prosecutor's closing arguments on this matter.

(d) Injecting racial bias into the proceedings with no evidentiary basis

¶ 105. This issue was discussed in Moffett's claim 2(d) as it pertained to closing arguments during the guilt phase. Moffett admits in his brief that the prosecutor's remarks were not repeated during the sentencing phase but he felt "it bears repeating" here. It may bear repeating that the prosecution is permitted to draw inferences from the evidence in closing arguments. There was testimony from Donald Davis that Moffett had told him Felicia was mocked by other children because she was of mixed race and Moffett "relieved her of her pain." Therefore, Moffett cannot show that his counsel was ineffective for failing to object to the prosecutor's closing arguments on this matter. Moffett has failed to offer any evidence that racial bias infected these proceedings. There is no merit to this claim.

Appellate Counsel

9. Failure to raise issues of plain error on direct appeal

¶ 106. In this claim, Moffett asserts that his appellate counsel was ineffective for failing to raise the underlying claims in issues 3, 4, 7, and 8 discussed6 above on direct appeal. It is important to note that one of Moffett's trial counsel and appellate counsel were the same. "[I]t is absurd to fantasize that [a] lawyer might effectively or ethically litigate the issue of his own ineffectiveness." Pitchford v. State, 45 So.3d 216, 232 (Miss.2010) (quoting Lynch v. State, 951 So.2d 549, 551-52 (Miss.2007); Read v. State, 430 So.2d 832, 838 (Miss. 1983)).

¶ 107. Rule 22(b) of the Mississippi Rules of Appellate Procedure provides:

M.R.A.P. 22(b). Because de Gruy represented Moffett at trial and on appeal, the issues Moffett now raises, though meritless, have not been waived.

¶ 108. Moffett contends that the alleged improper prosecutorial arguments set forth above should have been raised as plain error by his counsel on direct appeal. He further asserts that the failure to do so was ineffective assistance of appellate counsel.

¶ 109. As previously shown, there was no objection to the alleged errors. Therefore, if error is found, it must be plain error. However, "[this Court do]es not recognize plain error unless the error resulted in a manifest miscarriage of justice." Burdette v. State, 110 So.3d 296, 304-05 (Miss.2013) (quoting Conners v. State, 92 So.3d 676, 684 (Miss.2012)) (internal quotations omitted). Prejudice often is lacking when the weight of the evidence against a defendant is overwhelming. Conners, 92 So.3d at 684. (see also Smith v. State, 986 So.2d 290, 300-01 (Miss.2008); Clark v. State, 891 So.2d 136, 141 (Miss. 2004)). Given the overwhelming evidence of Moffett's guilt, there has been no miscarriage of justice even if this Court were resolved to find that error had occurred.

¶ 110. In regard to the ineffective-assistance-of-counsel assertion attached with this claim, the earlier discussion of these issues reveals that no error occurred. Thus, counsel was not deficient, and efforts on direct appeal to persuade this Court that the underlying claims amounted to plain error would have been futile. Moffett fails on both prongs of Strickland.

10. Cumulative Error

¶ 111. Moffett argues that he was denied a fair trial due to the cumulative errors of his trial counsel. He further argues that the cumulative errors, in general, denied him a fair trial. A criminal defendant is not entitled to a perfect trial, only a fair trial. McGilberry v. State, 843 So.2d 21, 33 (Miss.2003) (citing Sand v. State, 467 So.2d 907, 911 (Miss.1985)). Moffett failed to support his contention that he did not receive a fair trial.

¶ 112. "This Court may reverse a conviction and/or sentence based upon the cumulative effect of errors that do not independently require a reversal. It is true that in capital cases, although no error, standing alone, requires reversal, the aggregate effect of various errors may create an atmosphere of bias, passion and prejudice that they effectively deny the defendant a fundamentally fair trial." Wilcher v. State, 863 So.2d 776, 836 (Miss. 2003) (internal quotations and citations omitted). After a comprehensive review of the record, the briefs, and the arguments, we find no individual errors which require reversal, and there is no aggregate collection of minor errors that would, as a whole, mandate a reversal of either the conviction or the sentence. Thus, this issue is without merit.

CONCLUSION

¶ 113. We deny all relief requested in Moffett's Motion, Amended Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief and his supplement thereto.

¶ 114. PETITION FOR POST-CONVICTION RELIEF IS DENIED.

WALLER, C.J., LAMAR, KITCHENS, CHANDLER, PIERCE, KING AND COLEMAN, JJ., CONCUR. DICKINSON, P.J., CONCURS IN RESULT ONLY WITHOUT SEPARATE WRITTEN OPINION.