309 So.3d 1090
Miss. Ct. App.2020Background
- Johnny Strickland lived with several grandchildren after their mother could not care for them; sexual abuse of granddaughter M.L. began after his wife died.
- Captain Brian Mullins responded to an incident at Strickland’s home; Strickland told Mullins he had hurt his granddaughter and was taken to the sheriff’s department.
- Strickland signed a waiver-of-rights form and was interviewed; letters he wrote admitting inappropriate touching were admitted at trial.
- M.L. testified to multiple incidents of fondling and sexual contact; the jury convicted Strickland of fondling a child (age 15–17).
- The trial court sentenced Strickland to 15 years in MDOC, a $5,000 fine, and costs; post-trial motions were denied.
- Appellate counsel filed a Lindsey brief saying no arguable issues existed; Strickland filed a pro se supplemental brief raising several claims.
Issues
| Issue | Strickland's Argument | State's Argument | Held |
|---|---|---|---|
| Sentence excessive / exceeds life expectancy | Fifteen-year term exceeds his life expectancy and is excessive given no prior record | Sentence is within statutory range for fondling (2–15 years); sentencing discretion of trial court | Affirmed — sentence within statutory limits and not excessive |
| Accuracy of Captain Mullins’ testimony | Mullins misreported Strickland asking to go to jail and misstated marital relation (married to cousin) | No objection at trial; issue not preserved for appeal; credibility/fact issues for trial court | Affirmed — procedurally barred; appellate court will not reweigh credibility |
| Validity of waiver-of-rights form | Could not read waiver because he did not have his glasses; waiver invalid | Claim never raised at trial; not preserved for review | Affirmed — procedurally barred |
| Right to testify | Counsel prevented him from testifying; jury should have heard his side | He initially wished to testify but declined after counsel advised risk of witness-tampering exposure; trial court conducted Culberson colloquy | Affirmed — no denial; decision to remain silent was informed |
| Clerical error in Notice of Criminal Disposition (birthplace) | Listed wrong birthplace (Kentwood vs. Independence) | Not raised at trial; immaterial to conviction or sentence | Affirmed — procedurally barred and immaterial |
Key Cases Cited
- Lindsey v. State, 939 So. 2d 743 (Miss. 2005) (procedure when appellate counsel finds no arguable issues)
- Little v. State, 233 So. 3d 288 (Miss. 2017) (appellate courts do not reweigh evidence or resolve credibility)
- Culberson v. State, 412 So. 2d 1184 (Miss. 1982) (defendant’s right to testify and need for a record of waiver)
- Ivey v. State, 134 So. 3d 796 (Miss. Ct. App. 2013) (15-year sentence not illegal despite defendant’s age)
- Brunet v. State, 282 So. 3d 666 (Miss. Ct. App. 2019) (same principle regarding life expectancy and statutory maximum)
- Hampton v. State, 148 So. 3d 1038 (Miss. Ct. App. 2013) (issues not presented to trial court cannot be raised on appeal)
- Griffin v. State, 824 So. 2d 632 (Miss. Ct. App. 2002) (issues raised first on appeal are procedurally barred)