Brent Ryan v. State of Mississippi
245 So. 3d 491
Miss. Ct. App. Hist.2017Background
- Brent Ryan and Aelishia Horn (his wife) lived together in Lowndes County, MS; Horn testified Ryan choked her until she lost consciousness and escaped to a neighbor; photos and officer observations showed redness/abrasions on her neck.
- Ryan was indicted for felony fleeing from an officer and aggravated domestic violence (strangulation). On the eve of trial the State amended the indictment to allege habitual-offender status.
- At trial Horn and Deputy Pevey testified about the choking; emergency-room exam the next day showed no objective test confirming strangulation but the nurse-practitioner said strangulation can occur without bruising or signs may dissipate.
- The jury convicted Ryan of both counts; the court sentenced him consecutively as a habitual offender to 5 years (fleeing) and 20 years (aggravated domestic violence), no parole or early release.
- Ryan appealed arguing (1) verdict against overwhelming weight of the evidence, (2) erroneous habitual-offender finding, and in a pro se brief (3) ineffective assistance of counsel, (4) due-process violations, and (5) prosecutorial misconduct/Brady violations.
Issues
| Issue | Ryan's Argument | State's Argument | Held |
|---|---|---|---|
| Weight of the evidence for strangulation | Verdict unsupported: only victim testimony, photos, and deputy testimony; lack of medical proof and no visible injuries next day | Victim testimony, deputy observations, and photos permitted reasonable inference of strangulation; no contradictory evidence presented | Conviction upheld; not against overwhelming weight of the evidence |
| Habitual-offender proof | Prior convictions not proven by competent evidence — relied on uncertified Oklahoma DOC web printout with inconsistent DOB/SSN | Indictment properly amended; Oklahoma DOC printout plus PSR and defendant’s admissions sufficed; defendant had chance to challenge | Habitual-offender status proven beyond reasonable doubt; sentence affirmed |
| Ineffective assistance — defective indictment & other omitted objections | Counsel failed to object to alleged defects (district omission, unspecified code subsection, failure to charge "serious bodily injury", name amendment) and ignored pro se motions/hearsay objections | Indictment tracked statutory language and gave adequate notice; county has one judicial district so omission immaterial; amendment was non-prejudicial; defendant abandoned untimely pro se motions | Claims meritless; counsel not shown ineffective on these grounds |
| Brady/prosecutorial misconduct and due-process claims | Prosecutor withheld impeachment/NCIC material about victim being a confidential informant; untimely initial appearance and lack of preliminary hearing | No evidence in record of withheld Brady material or that victim’s unrelated history was relevant; record does not support due-process timing claims | Claims unsupported by record; no reversible prosecutorial or due-process error |
Key Cases Cited
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for overturning verdict as against the overwhelming weight of the evidence)
- Kirk v. State, 160 So. 3d 685 (Miss. 2015) (victim testimony and photos can support strangulation conviction without medical expert evidence)
- Hull v. State, 174 So. 3d 887 (Miss. Ct. App. 2015) (requirements for proving habitual-offender status)
- Frazier v. State, 907 So. 2d 985 (Miss. Ct. App. 2005) (appellate review standard for trial-court factual determinations)
- Stevens v. State, 808 So. 2d 908 (Miss. 2002) (indictment sufficient when it tracks statutory language)
- Paty v. State, 162 So. 3d 850 (Miss. Ct. App. 2014) (defendant bears duty to pursue pro se motions)
- Roy v. State, 878 So. 2d 84 (Miss. Ct. App. 2003) (pre-trial motions not ruled upon by trial are deemed abandoned)
- Brady v. Maryland, 373 U.S. 83 (1963) (prosecution must disclose materially exculpatory or impeaching evidence)