Decisions – COA – Sept. 20, 2016

Victor Sims  v. State of Mississippi – armed robbery – Sims and his nephew were indicted for armed robbery of four separate persons at a card party one night in Jones County.  Both were convicted.  Sims argues that his attorneys were ineffective by failing to object to hearsay testimony from two officers regarding what the victims allegedly told them.  The COA finds that Sims’ counsel used this testimony to question the officers about  alleged discrepancies  in the witness’ statements and, thus, the decision not to object was strategic.  Sims argues that they were ineffective is not requesting an alibi instruction but the COA finds that the testimony did not support such an instruction.  Finally, Sims challenges the sufficiency of the evidence.  The COA afcfirms.

Franklin Ray Odom v. Mississippi Department of Corrections parole eligibility –  Odom was serving sentences for dale of  methamphetamine, possession of methamphetamine and  possession of precursors with intent to manufacture.  MDOC informed him he was not entitled to parole eligibility except for the possession charge.  Odom challenged that decision and the COA finds for Odom. “On appeal, we conclude that Odom is eligible for parole under our recent decision in Sinko v. State, 192 So. 3d 1069 (Miss. Ct. App. 2016), as well as subsequent legislative amendments to section 47-7-3(f). Therefore, we reverse and render the court’s judgment.”

Joshua Allen v State of Mississippitime for filing motion for new trial/JNOV – Allen was convicted of one count of armed robbery and  one count of conspiracy to commit armed robbery.  On appeal he challenges the sufficiency of the evidence. The COA affirms the convictions.  Challenges to the sufficiency of the evidence must first be brought in a motion for new trial/JNOV and that motion must be filed within ten days of the filing of the judgment of the conviction.  Allen’s motion was filed two months after his conviction and was untimely.  It also failed to raise the issue.  The closest it came was  the allegation  that Allen was entitled to a new trial based on  “procedural and substantive errors committed during the trial . . . .”  This failed to preserve the issue.

Glen Payton  v. State of Mississippi – pcr – Payton was convicted of statutory rape in 2009.  This is his sixth pcr except this sixth time he filed his pcr in the trial court instead of first getting permission from the Miss.S.Ct. which is required of all cases that have been appealed.  The trial court correctly dismissed the appeal.  The COA affirms and sanctions Payton $250.

Joseph Keys  v. State of Mississippi sexual battery –  In 2015, the COA affirmed Keys’ conviction for  sexual battery  via a per curiam affirmance.  Keys moved for rehearing.  The COA denies rehearing but supplies a written opinion. On appeal, Keys had argued that he was entitled to a new trial  because (1)  the circuit court erred in both not allowing impeachment evidence of Zyesha McGill’s testimony, as well as not allowing the introduction of evidence showing that the victim lived with a convicted sex offender, and (2)  the circuit court committed reversible error in submitting the issue of life imprisonment to the jury;  (3)  he was denied a speedy trial, (4) newly discovered evidence entitles him to a new trial, and (5)  he was denied effective assistance of counsel.

Pro se PCR appeal affirmed:

Ryan Anthony Savinell v. State of Mississippi





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