281 So.3d 1092
Miss. Ct. App.2019Background
- In 2015 Robert Ellis, living with his wife and four children, was accused by his then-14‑year‑old daughter ("Kelly") of three episodes of sexual intercourse occurring in May–June 2015.
- Investigators obtained Kelly’s disclosure, a forensic exam indicating penetration, Ellis’s recorded and written statements admitting two incidents and use of protection, and DNA from condoms found in the woods matching Ellis.
- A Union County jury convicted Ellis on three counts of sexual battery; the court imposed three concurrent 30‑year sentences. Ellis filed post‑trial motions and appealed.
- On appeal Ellis, through counsel, argued his trial attorney was ineffective for failing to object when a juror revealed mid‑trial that he had been Kelly’s teacher.
- Ellis also filed a pro se supplemental brief raising numerous other issues (procedural claims, suppression, competency hearing, sufficiency of evidence, credibility, alleged evidence tampering, indictment defects, and additional ineffective‑assistance claims).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failure to object to juror who had taught victim | Ellis: counsel was ineffective for not striking a juror who realized mid‑trial he had taught the victim, creating presumed bias | State: juror was voir dired by judge and defense, said he could be fair and had no close relationship; counsel declined to object—a strategic choice | No ineffective assistance; juror rehabilitation occurred, no presumption of bias, counsel’s decision was strategic |
| Sufficiency of evidence | Ellis: challenges verdict as unsupported | State: testimony, forensic exam, DNA, and Ellis’s admissions supported convictions | Evidence was sufficient; convictions affirmed |
| Suppression of statements/Miranda waiver | Ellis: statements were involuntary and should have been suppressed | State: Miranda warnings were given; Ellis signed waivers twice; evaluation found him competent; officers testified no coercion | Denial of suppression upheld; waiver and voluntariness supported by record |
| Competency hearing claim | Ellis: trial court failed to hold competency hearing under former Rule 9.06 | State: court ordered evaluation, parties stipulated to Dr. Lott’s report, judge made on‑record competency finding | No error: evaluation occurred, parties stipulated, judge made required finding |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part test for ineffective assistance of counsel)
- Brown v. State, 164 So. 3d 1046 (Miss. Ct. App. 2014) (removal required where juror’s answers presumptively reflected bias and no rehabilitation occurred)
- Daniel v. State, 536 So. 2d 1319 (Miss. 1988) (indictment alleging offense "on or about" a date provides fair notice)
- Miller v. Webb, 385 F.3d 666 (6th Cir. 2004) (juror statements qualifying impartiality can give rise to presumed bias where no rehabilitation is attempted)