Marion O' Bryan Strickland v. State of Mississippi
220 So. 3d 1027
| Miss. Ct. App. | 2016Background
- Marion O'Bryan Strickland, a high-school teacher, posed as a young woman named “Jordan” using the Pinger app and Facebook photos to text male students and solicit sexual images.
- Three students (K.W., H.D., M.J.) testified about similar contacts; only the charge regarding K.W. proceeded to trial.
- K.W. sent a photo of his erect penis to the account; K.W.’s phone contents were later erased and the State could not produce the original messages/photos.
- Strickland admitted to messaging the boys, using Pinger, and receiving a photo, but disputed the identity of the sender and claimed non-sexual motives.
- A jury convicted Strickland of enticing a child to produce a visual depiction of sexually explicit conduct; he was sentenced to 40 years (20 to serve, 20 PRS). Strickland appealed.
Issues
| Issue | Strickland's Argument | State's Argument | Held |
|---|---|---|---|
| Admission of testimony from H.D. and M.J. under MRE 404(b) | Evidence of other acts was impermissible character evidence and unduly prejudicial | Testimony shows plan, knowledge, preparation, motive, identity; admissible under 404(b) and 403 with limiting instruction | Affirmed: trial court did not abuse discretion; limiting instruction given |
| Admission of testimony about missing texts/photos (Best-Evidence Rule) | Rule 1002 required originals; testimony about contents was impermissible | Originals were lost/destroyed/unobtainable; Rule 1004 exceptions apply; objection not preserved but no plain error | Affirmed: State proved originals unavailable; secondary testimony admissible; no plain error |
| Ineffective assistance (failure to object to missing-evidence testimony) | Counsel was constitutionally deficient for not objecting under Rule 1002 | Objection would have failed; trial strategy; record does not affirmatively show deficiency | Affirmed: no deficient performance shown on record; issue preserved for PCR if desired |
| Trial court denial of counsel withdrawal / request for new appointed counsel | Walker should be replaced for tactical/philosophical conflicts; Strickland denied chosen counsel | Court has discretion; no showing of breakdown of communication or unfairness; defendant approved counsel at trial and participated | Affirmed: denial within discretion; hybrid representation permitted; no abuse |
| Sufficiency and weight of evidence (JNOV/new trial) | Photo absence and contested facts render verdict unsupported or against weight of evidence | Multiple witness accounts, defendant admissions, Dost factors support sexually explicit depiction; jury credibility role | Affirmed: evidence sufficient and verdict not against overwhelming weight; conviction stands |
Key Cases Cited
- Gore v. State, 37 So. 3d 1178 (Miss. 2010) (trial court discretion admitting other-acts sexual-evidence with limiting instruction)
- Green v. State, 89 So. 3d 543 (Miss. 2012) (multiple victims' testimony admissible under 404(b) where acts show common scheme/motive)
- Derouen v. State, 994 So. 2d 748 (Miss. 2008) (requirement to craft limiting instructions when admitting other-acts sexual evidence)
- Cole v. State, 126 So. 3d 880 (Miss. 2013) (prosecutors must state purpose for other-acts evidence; courts should identify admissible purpose)
- Hood v. State, 17 So. 3d 548 (Miss. 2009) (adopting Dost factors to determine whether a depiction of a child is lascivious/sexually explicit)
- Robinson v. State, 35 So. 3d 501 (Miss. 2010) (improper character evidence can implicate the right to remain silent)
- Watson v. State, 465 So. 2d 1091 (Miss. 1985) (best-evidence rule prefers originals but allows secondary evidence)
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standards for sufficiency and review of evidence in criminal cases)
- Metcalf v. State, 629 So. 2d 558 (Miss. 1993) (hybrid representation and defendant's fair opportunity to present defense)