Patton v. State
109 So. 3d 66
| Miss. | 2012Background
- Patton, unlicensed, acted as attorney for Dixon and Rias in Winston County, filing pleadings under another attorney's name and bar number.
- Indictment charged one count of false pretense and four counts of fraudulent use of identifying information; disputes arose over the $500 threshold and dates.
- Judge Vollor was appointed as special judge after prior judges recused; Patton sought to represent himself and underwent Rule 8.05 competency inquiry.
- During trial, Patton subpoenaed witnesses including the DA and Rias; Evans was excused after Patton declined to reveal defense needs; Rias testified for the State.
- The State amended counts (notably Count I to attempt to commit false pretense; dates in Counts IV–V adjusted); Patton's motions were denied and he was convicted on all counts with consecutive sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ex parte communications and recusal | Patton argues improper earwigging biased the proceeding. | Vollor biased; should have recused due to communications. | No reversible error; records show administrative communications, not improper ex parte contact; recusal rightly denied. |
| Indictment amendments proper | Amendments to Count I and date changes were substantive and prejudicial. | Amendments were form-only and not prejudicial; allowed under rule. | Amendments were proper form changes; did not prejudice defense. |
| Sixth Amendment right to counsel at critical stages | Patton was deprived of counsel at all critical stages. | No specific critical stage identified with inadequate representation. | Issue forfeited for lack of specific argument and record citations; not addressed on merits. |
| Rule 8.05 examination and self-incrimination | Educational questions coercively elicited self-incrimination and biased the process. | Patton's Fifth Amendment rights violated by discovery-type questioning. | Not addressed on merits for lack of record/authority support. |
| Compulsory process and subpoenas | Patton was denied compulsory process when Evans was dismissed and Rias unavailable. | Patton failed to show colorable need for Evans; Rias testimony was not unavailable. | Circuit court did not abuse discretion; no colorable need shown for Evans; Rias not unavailable to compel. |
Key Cases Cited
- Randolph v. State, 852 So.2d 547 (Miss.2002) (guide on preservation and argument adequacy)
- Haddox v. State, 636 So.2d 1240 (Miss.1994) (issue preservation at trial)
- Jones v. State, 841 So.2d 115 (Miss.2003) (standard for preserved arguments and authority)
- Bailey v. State, 78 So.3d 308 (Miss.2012) (indictment and amendment considerations)
- Goforth v. City of Ridgeland, 603 So.2d 323 (Miss.1992) (jurisdiction and record considerations)
