Alvin Green v. State of Mississippi
242 So. 3d 923
| Miss. Ct. App. | 2018Background
- Victim Ginn identified Green as one of two men who, on Oct. 27, 2015, used Holmes’s silver Nissan to commit an armed robbery in which Ginn’s phone, book sack, and cash were taken.
- Victim Jones identified Green as one of two men who, on Oct. 28, 2015, offered to sell codeine from a gray/gray-silver Nissan, then pulled a gun, fired a shot that grazed Jones, and robbed him.
- Police traced the car by partial plate numbers to a 2009 silver Nissan Altima owned by Victoria Holmes; Holmes testified Green had the car on the robbery dates and stayed at a local hotel Oct. 26–28.
- A Pike County grand jury indicted Green on two armed robberies, conspiracy to commit armed robbery, aggravated assault (for shooting Jones), and two counts of possession of a firearm by a convicted felon; related charges involving another victim were remanded.
- At trial the State presented five witnesses (Ginn, Jones, Holmes, a detective, and a hotel employee); the defense called no witnesses; the jury convicted Green on all counts and the court imposed concurrent and consecutive terms as outlined in the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/weight of evidence | State: identification, victim testimony, car ownership, hotel records support convictions | Green: challenges identification and weight of evidence (pro se) | Court: Evidence sufficient; verdict not against overwhelming weight; convictions affirmed |
| Ineffective assistance of counsel | N/A (State defends conviction) | Green: trial counsel failed to investigate/explore exculpatory evidence | Court: Allegation relies on facts outside record; inappropriate for direct appeal; may be pursued via post-conviction relief |
| Lindsey procedure compliance | State: appellate counsel filed Lindsey brief certifying no arguable issues | Green: pro se supplemental brief raised issues | Court: Appellate counsel complied with Lindsey; court conducted independent review and found no reversible issues |
| Post-trial motions (JNOV/new trial) denial | State: supports trial outcome | Green: sought JNOV or new trial | Held: Trial court denied motions; appellate court affirmed denial as record supports verdict |
Key Cases Cited
- Lindsey v. State, 939 So. 2d 743 (Miss. 2005) (procedure when appellate counsel finds no arguable issues)
- Taylor v. State, 162 So. 3d 780 (Miss. 2015) (appellate court’s independent review under Lindsey)
- Johnson v. State, 191 So. 3d 732 (Miss. Ct. App. 2015) (ineffective-assistance claims based on facts outside the record belong in post-conviction relief)
- Sandlin v. State, 156 So. 2d 813 (Miss. 2013) (claims based on facts not apparent in the record cannot be resolved on direct appeal)