276 So.3d 1241
Miss. Ct. App.2018Background
- In May 2015, four camp houses at Coleman Hill Hunting Club were burglarized; Adrian Donte Wilson was later indicted on four counts of burglary and as a nonviolent habitual offender.
- Trial occurred July 18, 2017; three victims and several state witnesses testified, exhibits included trail-camera photos, crime‑scene photos, a recovered Vizio TV, booking photos of Wilson, and a plastic cigar tip with DNA matching Wilson.
- The court granted a directed verdict on one count (lack of testimony from that victim); jury convicted Wilson of burglary as to Patrick’s and Lingo’s camp houses, acquitted on one count.
- Sentencing: two consecutive seven‑year terms as a nonviolent habitual offender.
- On appeal (Lindsey procedure), Wilson raised multiple pro se claims: dismissal for insufficient evidence (Count I), improper admission of various photographs (including 2017 crime‑scene photos and inmate intake photos), speedy‑trial violations (statutory and constitutional), weight/sufficiency of evidence (new trial/JNOV), due process/conspiracy, and a Batson challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Motion to dismiss Count I for insufficient pretrial evidence | Wilson: indictment lacked evidentiary support for Count I (no missing items from Patrick’s camp) | State: sufficiency of evidence is tested at trial, not by pretrial dismissal | Denied on appeal; issue waived and substantively meritless (pretrial dismissal improper for evidentiary sufficiency) |
| Admission of 2017 photographs (crime‑scene, TV photos) | Wilson: photos taken two years later were more prejudicial than probative under Rule 403 | State: photos were relevant, authenticated, supplemented witness testimony; defense failed to contemporaneously object | Admission upheld; issue waived for many exhibits, and no plain error—photos probative and authenticated |
| Admission of inmate intake (booking) photos of Wilson | Wilson: photos of prior arrest irrelevant and unfairly prejudicial | State: photos identified tattoos and aided comparison with trail camera images | Admission upheld; issue waived (no ruling/objection) and, on merits, photos were relevant for ID and not plainly prejudicial |
| Statutory speedy‑trial claim (Miss. Code §99‑17‑1) | Wilson: trial occurred beyond 270 days from arraignment | State: continuances (some joined by defense; one for State good cause—witness medical restriction) tolled time | No statutory violation; trial court’s good‑cause tolling supported by record and substantial evidence |
| Constitutional speedy‑trial claim (Sixth Amendment) | Wilson: continuances and counsel conduct violated constitutional right | State: defendant failed to raise constitutional claim below; delay justified; no record evidence of prejudice | Claim procedurally barred; plain‑error standard not met—no manifest miscarriage of justice shown |
| Sufficiency / weight of evidence; JNOV / new trial | Wilson: ID weak (no lineup), alleged contamination of cigar tip DNA, lack of fingerprints/shoeprints, perjured testimony | State: trail camera photos, booking photos/tattoos, Fortenberry identification and pawned TV, DNA match on cigar tip provided ample proof | Verdict affirmed—evidence sufficient and weight not contrary to overwhelming evidence; jury credibility findings stand |
| Due process / conspiracy allegations | Wilson: counsel, prosecutor, judge conspired to deprive rights; alleged undisclosed deals/perjury | State: allegations unsupported in record; witnesses cross‑examined; no evidence of deals | Dismissed—unsupported and not in record; no merit |
| Batson (racial discrimination in peremptories) | Wilson: State struck African‑American jurors | State: no Batson raised at trial; appellate record lacks venire/juror race data | Procedurally barred; record inadequate to evaluate Batson claim |
Key Cases Cited
- Lindsey v. State, 939 So. 2d 743 (Miss. 2005) (procedure when appellate counsel finds no arguable issues)
- Thomas v. State, 247 So. 3d 1252 (Miss. 2018) (application of Lindsey steps)
- Beasley v. State, 136 So. 3d 393 (Miss. 2014) (contemporaneous objection requirement and plain‑error standard for photographic evidence)
- Baldwin v. State, 784 So. 2d 148 (Miss. 2001) (abuse‑of‑discretion review for photograph admissibility)
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (four‑factor constitutional speedy‑trial balancing test)
- Costello v. United States, 350 U.S. 359 (U.S. 1956) (grand‑jury indictment valid on its face suffices to require trial)
- Gillum v. State, 468 So. 2d 856 (Miss. 1985) (intent to steal may be inferred from breaking and entering)
- Perry v. State, 233 So. 3d 750 (Miss. 2017) (deduction of continuance time for good cause in statutory speedy‑trial analysis)
- Havard v. State, 94 So. 3d 229 (Miss. 2012) (arrest or indictment triggers constitutional speedy‑trial right)