Ragland v. State
2010 Miss. App. LEXIS 680
| Miss. Ct. App. | 2010Background
- Ragland was convicted in the Coahoma County Circuit Court on charges of burglary of a dwelling and petit larceny (July 14, 2009).
- On March 27, 2004, Ragland allegedly broke into Kimberly Yarbrough’s dwelling, entered her bedroom, and demanded sexual intercourse while her children were present.
- Yarbrough retrieved a pistol; Ragland left with her gun after a struggle; the incident occurred on Barnes Street where a cooler and propped window were noted, with the window screen cut and the lamp unplugged.
- At trial, three witnesses testified: Yarbrough (identification of Ragland), Norman Starks (initial interview), and Joseph Wide (observed Ragland on Barnes Street earlier).
- Ragland moved for a directed verdict at the close of the State’s evidence, which was denied; he testified despite his attorney’s advice, claiming alibi and that he lived in Ohio.
- The jury returned unanimous verdicts of guilty for burglary and petit larceny; Ragland received 25 years and 6 months respectively, with the larceny sentence coterminous to the burglary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Ragland argues multiple errors show ineffective assistance. | State contends record insufficient; allegations are largely trial-strategy or lack prejudice. | No reversible error; record insufficient to prove constitutional ineffectiveness; claim denied without prejudice. |
| Legal sufficiency and weight of the evidence | No rational trier could find guilt beyond a reasonable doubt or weight of evidence supports defense. | State’s evidence sufficient; alibi defense contested; jury could resolve conflicts. | Evidence sufficient to sustain verdict; weight-of-evidence challenge denied; jury resolved conflicts in favor of conviction. |
Key Cases Cited
- Wilcher v. State, 863 So.2d 776 (Miss. 2003) (review of ineffective-assistance claims on direct appeal)
- Read v. State, 430 So.2d 832 (Miss. 1983) (full record review for ineffective assistance)
- Aguilar v. State, 847 So.2d 871 (Miss. Ct. App. 2002) (record adequate for direct appeal ineffectiveness claim)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes two-prong ineffective-assistance standard)
- Cole v. State, 666 So.2d 767 (Miss. 1995) (deference to trial strategy; no automatic reversal)
- Houston v. State, 887 So.2d 808 (Miss. 2004) (trial strategy considerations in reasonable-defense evaluation)
- Hughes v. State, 724 So.2d 893 (Miss. 1998) (alibi defense is issue of fact for jury)
- Amiker v. Drugs For Less, Inc., 796 So.2d 942 (Miss. 2000) (caution in granting new trials; standard for review)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (weight-of-the-evidence standard; caution in reconsidering verdicts)
- Ransom v. State, 919 So.2d 887 (Miss. 2005) (totality of circumstances in assessing counsel performance)
- Parham v. State, 229 So.2d 582 (Miss. 1969) (reliance on judicial standard for correcting trial errors)
- McQueen v. State, 423 So.2d 800 (Miss. 1982) (verdict may be against weight of evidence without acquittal)