196 So. 3d 1054
Miss. Ct. App.2016Background
- Carroll was indicted for armed robbery in Benton County, Mississippi.
- He waived arraignment, pled not guilty, and the case was set for trial in various terms before October 2014.
- On October 8, 2014, Carroll was tried in absentia, convicted of armed robbery, and sentenced as a habitual offender to 27 years in MDOC custody.
- Patterson testified that Carroll threatened him during a dice game and stole about $2,260, firing a gun in the air as he left.
- The State filed a motion five days before trial to amend the indictment to charge Carroll as a habitual offender, providing prior conviction documents.
- Carroll appealed, challenging (1) trial in absentia, (2) amendment of the indictment as to habitual offender status, and (3) the right to counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May trial in absentia be proper? | Carroll argues trial in absentia violated his rights. | State contends waiver and notice justify absentia trial. | No abuse; trial in absentia affirmed. |
| Whether indictment amendment to habitual offender was proper? | Carroll claims lack of notice and surprise from amendment. | State asserts adequate notice under Rule 7.09 and prior discussion with defense. | Amendment upheld; not unfairly surprising. |
| Did the conversations with Patterson implicate counsel rights? | Carroll contends Fifth/Sixth Amendment issues; counsel not present during recording. | State argues recording occurred pre-custody and did not violate rights; waiver preserved issue for post-conviction relief if needed. | Recording admitted; no error; ineffective-assistance claim preserved for post-conviction relief. |
Key Cases Cited
- Wales v. State, 73 So. 3d 1113 ((Miss. 2011)) (waiver of right to be present when absence intentional/)
- Griffin v. State, 811 So. 2d 291 ((Miss. Ct. App. 2001)) (absentia trial affirmed where defendant failed to appear)
- Williams v. State, 131 So. 3d 1174 ((Miss. 2014)) (adequate notice for amended indictment via formal pleadings)
- Pierre v. State, 607 So. 2d 43 ((Miss. 1992)) (Fifth Amendment not triggered where not custodial interrogation)