196 So. 3d 1118
Miss. Ct. App.2016Background
- Jordy Devonte Johnson (born Nov. 2, 1992) was indicted by a Sharkey County grand jury for statutory rape of a 12-year-old victim (born Oct. 15, 1998) allegedly occurring Jan. 12, 2011, in violation of Miss. Code Ann. § 97-3-65(1)(b).
- A jury convicted Johnson; the circuit court sentenced him to 25 years (20 to serve, 5 suspended), five years post-release supervision, and sex-offender registration.
- Posttrial, Johnson filed a JNOV/new-trial motion which the circuit court denied; appellate counsel filed a Lindsey brief certifying no arguable issues.
- Johnson filed a pro se motion to quash the indictment and a pro se brief claiming the indictment was defective for lack of the grand-jury foreman’s signature and a clerk’s filed stamp.
- The Court of Appeals considered the pro se claim alongside the Lindsey brief and addressed whether the alleged indictment defects required reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment was defective for lack of grand-jury foreman signature and clerk "filed" entry | Johnson: indictment lacked the foreman’s signature and a clerk-signed filed stamp, violating § 99-7-9 | State: alleged defects are nonjurisdictional, were not raised at trial, and the record shows compliance via a signed grand-jury foreman affidavit and clerk’s stamp | Court: defects are nonjurisdictional and were waived for failure to object before trial; record shows statutory presentment requirements satisfied; conviction affirmed |
Key Cases Cited
- Lindsey v. State, 939 So. 2d 743 (Miss. 2005) (procedure when appellate counsel finds no arguable issues)
- Havard v. State, 94 So. 3d 229 (Miss. 2012) (describing Lindsey requirements for appellate counsel)
- Moore v. State, 119 So. 3d 1116 (Miss. Ct. App. 2013) (Lindsey brief practice explained)
- Jones v. State, 356 So. 2d 1182 (Miss. 1978) (distinguishing jurisdictional from nonjurisdictional indictment defects)
- McCain v. State, 81 So. 3d 1130 (Miss. Ct. App. 2011) (face-of-indictment defects must be raised before trial under § 99-7-21)
- Baker v. State, 930 So. 2d 399 (Miss. Ct. App. 2005) (nonjurisdictional indictment defects are waived if not timely raised)