Sandlin v. State
156 So. 3d 813
| Miss. | 2013Background
- Lisa Sandlin shot and killed her stepson Kirk after a volatile relationship exacerbated by Kirk’s drug use; Kirk died from a gunshot to the torso and toxicology showed stimulants and benzodiazepines.
- Sammy (Lisa’s husband) was present at the shooting, called 911, and later testified for the State describing the events and statements by Kirk and Lisa; Lisa also testified claiming she shot to intimidate or accidentally and asserted fear of Kirk.
- Law enforcement observed a spent shell in the shotgun, found an empty shell box in a dresser drawer, and recorded two interviews with Lisa; she made varying statements (initially admissions and later added facts including prior domestic-violence reports).
- At trial the jury convicted Lisa of murder and sentenced her to life imprisonment; she appealed raising (1) admissibility of Sammy’s testimony under spouse-competency rules, and (2) multiple ineffective-assistance-of-counsel (IAC) claims.
- The State moved in limine to exclude a 2009 911 call; defense counsel agreed and the recording was excluded; the transcript/recording is not in the appellate record.
- The Court limited its review to the trial record and evaluated which IAC claims were fully apparent from that record versus those requiring post-conviction development.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of spouse testimony (Sammy) under Miss. Rule of Evidence 601(a) | Lisa: She did not consent; Sammy was incompetent to testify and trial court erred, requiring reversal | State: Claim waived because no contemporaneous objection at trial | Waived/barred on appeal for failure to object; claim not reached on the merits |
| IAC — failure to object to Sammy testifying | Lisa: Counsel ineffective for not objecting; without Sammy the Weathersby rule might have applied | State: Record insufficient to evaluate competence/consent; presumption counsel competent | Dismissed without prejudice for post-conviction relief (record insufficient) |
| IAC — counsel conceded exclusion of 2009 911 call | Lisa: Counsel ineffective for conceding exclusion of potentially favorable evidence | State: Motion in limine granted; substance not in record | Dismissed without prejudice for post-conviction relief (record insufficient) |
| IAC — failure to object to prosecutor’s opening statement | Lisa: Opening improperly urged guilt; counsel ineffective for not objecting | State: Prosecutor afforded wide latitude; Lisa cannot show prejudice | Denied — claim without merit; counsel not ineffective |
| IAC — delayed/perfunctory motion for directed verdict and improper closing argument | Lisa: Counsel was inattentive in moving for directed verdict and failed to prevent improper closing remarks | State: Counsel ultimately moved; closing remarks were supported by Lisa’s testimony | Denied — directed verdict claim without merit; closing-argument claim without merit |
Key Cases Cited
- Brewer v. State, 233 So.2d 779 (Miss. 1970) (failure to contemporaneously object to spouse competency waives appellate review)
- Weathersby v. State, 147 So. 481 (Miss. 1933) (trial witnesses’ version accepted if reasonable and not substantially contradicted)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part test for ineffective assistance of counsel)
- Parker v. State, 30 So.3d 1222 (Miss. 2010) (IAC claims on direct appeal limited to matters fully apparent in the record)