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179 So. 3d 1006
Miss.
2015
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Background

  • June 12, 2011: Tiya’s Market in Columbus was robbed at gunpoint; store cashier Christine Collins and bystander Tomeeker Drake identified Daryl Shinn as the gunman.
  • Police developed Shinn as a suspect, conducted a photo lineup (Collins identified Shinn), and recovered clothing (a green hat and green shirt) from under Shinn’s mattress matching eyewitness descriptions.
  • Shinn was indicted for armed robbery, tried May 20–22, 2013; jury convicted him and the circuit court sentenced him to 20 years to run consecutively with an existing sentence.
  • Defense presented alibi witnesses whose testimony contained date/time confusion; prosecution produced testimony confirming neighborhood canvass and positive identifications.
  • On initial appeal Shinn argued the verdict was against the overwhelming weight of the evidence and the Court affirmed; after rehearing the Court accepted Shinn’s pro se brief raising ineffective-assistance claims but declined to address those claims on direct appeal.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the conviction is against the overwhelming weight of the evidence Shinn: testimony and evidence do not reliably identify him as the robber; alibi witnesses create reasonable doubt State: two eyewitnesses (Collins and Drake), photo lineup ID, physical evidence from Shinn’s residence support conviction Affirmed: verdict not so contrary to the overwhelming weight of the evidence to constitute an unconscionable injustice
Admissibility/weight of eyewitness ID Shinn: eyewitness identifications are unreliable (prior acquaintance, delay, reward) State: identifications were unequivocal and jury assessed credibility Court defers to jury credibility determinations and upholds IDs
Sufficiency/reliability of alibi evidence Shinn: alibi witnesses place him home during robbery State: alibi witnesses were confused about dates/times; prosecution corroborated canvass placing Turner speaking with investigator Court finds alibi testimony unpersuasive and supports jury verdict
Ineffective assistance of counsel claims raised on rehearing Shinn (pro se): asserts multiple ineffective-assistance errors at guilt and sentencing stages State: record does not affirmatively resolve IAC claims on direct appeal Court declines to address IAC claims on direct appeal; preserves right to pursue post-conviction relief

Key Cases Cited

  • Taylor v. State, 110 So. 3d 776 (Miss. 2013) (standard for motions for new trial based on weight of evidence)
  • McLymont v. State, 118 So. 3d 148 (Miss. 2013) (verdict overturn only when allowing it would sanction an unconscionable injustice)
  • Flowers v. State, 156 So. 3d 805 (Miss. 2013) (review standard: evidence viewed in light most favorable to verdict)
  • Watkins ex rel. Watkins v. Miss. Dep’t of Human Servs., 132 So. 3d 1037 (Miss. 2014) (credibility determinations are for the factfinder)
  • Archer v. State, 986 So. 2d 951 (Miss. 2008) (discussing limitations on addressing ineffective-assistance claims on direct appeal)
  • Wilcher v. State, 863 So. 2d 776 (Miss. 2003) (post-conviction relief procedure and need for trial record to address IAC claims)
  • Read v. State, 430 So. 2d 832 (Miss. 1983) (right to raise ineffective-assistance claims via post-conviction relief)
Read the full case

Case Details

Case Name: Daryl Shinn v. State of Mississippi
Court Name: Mississippi Supreme Court
Date Published: Dec 3, 2015
Citations: 179 So. 3d 1006; 2015 Miss. LEXIS 633; 2015 WL 7770753; 2013-KA-01156-SCT
Docket Number: 2013-KA-01156-SCT
Court Abbreviation: Miss.
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