220 So. 3d 1014
Miss. Ct. App.2017Background
- Stubbs and co-defendant Jonathan Holmes were indicted for burglary of a nondwelling; Stubbs was later charged as a habitual offender and tried in Forrest County Circuit Court.
- At the start of trial Stubbs discharged his attorney, waived counsel, and proceeded pro se; the court kept trial counsel present to assist if needed.
- Victim Williams Jones saw two men (Stubbs and Holmes) at his storage-shed doorway after hearing a loud pop; property (a measuring wheel) and a broken lock were later found in the defendants’ truck.
- Sergeant Breland and Detective Fairley recovered bolt cutters, a damaged lock, and a measuring wheel from the truck; Stubbs admitted in interview to cutting/assisting to cut the lock but could not reliably identify a third party "John Smith."
- Holmes testified that a third party (John Smith) had given permission to take the measuring wheel and that they were helping, but his testimony was inconsistent; the jury convicted Stubbs of burglary and sentenced him as a habitual offender to seven years.
- Post-trial, Stubbs moved for JNOV or a new trial (denied) and appealed, arguing the verdict was against the overwhelming weight of the evidence, the court erred by not continuing trial after he fired counsel, and he was denied a meaningful preliminary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether verdict was against the overwhelming weight of the evidence | Stubbs: his account (helping Smith / permission) was plausible and jury verdict unjust | State: physical evidence and admissions supported burglary conviction | Court: Affirmed conviction; evidence supported verdict, not an unconscionable injustice |
| Whether court erred by refusing to continue trial after Stubbs fired counsel | Stubbs: was effectively forced to go to trial and needed more time/witnesses | State: Stubbs waived counsel, never moved for a continuance, and witnesses testified | Court: Issue procedurally barred for lack of authority; on merits no abuse of discretion in denying continuance |
| Whether Stubbs was denied a meaningful preliminary hearing (forged waiver; inability to call/cross witnesses) | Stubbs: counsel forged his waiver and Rules 1.04/1.07 would have allowed calling/cross-examining witnesses to show lack of probable cause | State: No evidence of forgery; Rules 1.04/1.07 were superseded by URCCC/URCC rules (6.04/6.05), which do not permit calling/cross-examining witnesses at preliminary hearing | Court: No forgery shown; Rules 6.04/6.05 govern so claim fails |
Key Cases Cited
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standard for overturning verdict on weight-of-evidence review)
- Meshell v. State, 506 So. 2d 989 (Miss. 1987) (jury as factfinder for witness credibility)
- Wilcher v. State, 863 So. 2d 776 (Miss. 2003) (appellant’s duty to provide authority for assignments of error)
- Moore v. State, 873 So. 2d 129 (Miss. Ct. App. 2004) (trial court discretion on continuances; limits on counsel selection)
- Gales v. State, 131 So. 3d 1238 (Miss. Ct. App. 2013) (definition of nondwelling burglary under § 97-17-33)
- Ramer v. State, 156 So. 3d 919 (Miss. Ct. App. 2014) (any physical entry satisfies burglary entering element)
- Henderson v. State, 756 So. 2d 811 (Miss. Ct. App. 2000) (entry requirement for burglary)
- Lewis v. State, 110 So. 3d 814 (Miss. Ct. App. 2013) (jury’s role in weighing credibility of testimony)