154 So. 3d 883
Miss.2015Background
- In May 2009, Ashley Matthews (Bowlin’s daughter) arranged and performed a recorded undercover buy of pills from Richard Bowlin with Mississippi Bureau of Narcotics (MBN) agents providing $200 and recording equipment.
- Matthews purchased four bags of pills at Bowlin’s home; video/audio showed Bowlin’s face, the pills, and the exchange; the marked $20 bills were later found on Bowlin.
- Forensic testing identified the pills as hydromorphone, meperidine, and oxycodone; Bowlin was indicted on three counts of sale/transfer of controlled substances.
- After conviction, the State moved to amend the indictment to allege habitual-offender status; the amendment was granted post-conviction and Bowlin was sentenced as an habitual offender to concurrent 30-year terms without parole and $1,000,000 fines on each count.
- Appellate counsel filed a Lindsey brief certifying no meritorious issues; Bowlin filed a pro se brief alleging trial and appellate counsel ineffective. The Court conducted an independent review under Lindsey.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict on three drug-sale counts | Bowlin claimed trial problems (generally), implying convictions unsound | State relied on recorded buy, witness ID, lab results, marked bills recovered | Court found evidence sufficient and affirmed convictions |
| Habitual-offender amendment and sentencing after conviction | Bowlin challenged amending indictment post-conviction and imposition of enhanced habitual sentences | State amended indictment to allege prior convictions and sought maximum habitual penalties under §99-19-81 | Court sustained amendment/sentencing and affirmed habitual-offender sentences |
| Ineffective assistance of trial/appellate counsel | Bowlin alleged various deficiencies by trial and appellate counsel | State and record showed counsel performed, and such claims are more properly raised in post-conviction relief | Court dismissed ineffective-assistance claims without prejudice to PCR filing |
| Adequacy of Lindsey brief / independent appellate review | Appellate counsel certified no arguable issues per Lindsey; Bowlin sought review of counsel’s performance | Court performed independent review of record as required by Lindsey | Court found no reversible issues and affirmed convictions and sentences |
Key Cases Cited
- Lindsey v. State, 939 So. 2d 743 (Miss. 2005) (procedure and appellate counsel duties when no arguable issues exist)
- Wilcher v. State, 863 So. 2d 776 (Miss. 2003) (ineffective-assistance claims often better addressed in post-conviction proceedings)
- Read v. State, 430 So. 2d 832 (Miss. 1983) (preserving ineffective-assistance claims for post-conviction relief when record is insufficient)
- Archer v. State, 986 So. 2d 951 (Miss. 2008) (dismissal without prejudice appropriate to allow PCR petitions)
- Gowdy v. State, 56 So. 3d 540 (Miss. 2010) (issues concerning sentencing and amended indictments in habitual-offender contexts)