Timms v. State
2011 Miss. App. LEXIS 86
Miss. Ct. App.2011Background
- Holmes County jury convicted Timms of possession of a firearm by a convicted felon and possession of a stolen firearm; sentences totaling seven years in MDOC with some suspended.
- February 2008 stop of a vehicle fitting a gun call; Timms was in the backseat while DeAndre Moore drove, with Landfair and Phyllis Moore as passengers.
- Shotguns were found in the trunk; Timms stated the guns belonged to him and referenced concern about his dogs.
- A background check showed one shotgun belonged to the Goodman Police Department; Timms was not arrested at the scene and no one else was charged in connection with the firearms.
- Prosecutor introduced a criminal-disposition document showing Timms’s prior conviction for possession of cocaine enhanced by firearm; prosecutor suggested Timms’s prior felony affected actions at the scene.
- Timms was the sole defense witness; he denied owning or possessing the guns and disputed the officers’ descriptions of the stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutor’s remark on missing witnesses | Timms argues prosecutor impermissibly commented on missing witnesses. | Timms contends there was no objection, but the comment harmed him. | Comments improper; remand for new trial; avoid such comments on remand. |
| Ineffective assistance of counsel | Counsel failed to stipulate felon status and allowed prejudicial evidence and errors | Counsel’s performance fell short of reasonable standard. | Counsel ineffective; reverse and remand for new trial with competent counsel. |
| Admission of prior-stolen-firearm charge evidence | Circuit court should have sua sponte suppressed prior charge details. | Not explicitly argued beyond application in record. | Moot due to remand; issue not resolved on current record. |
| Cumulative error | Multiple errors deprived Timms of fair trial. | Not separately argued beyond claimed errors. | Moot; remand renders it unnecessary to decide cumulatively. |
Key Cases Cited
- Holmes v. State, 537 So.2d 882 (Miss.1988) (prosecutor's comment on missing witness as reversible error when no proper basis)
- Randall v. State, 806 So.2d 185 (Miss.2001) (non-objectionable but still improper if no substantial evidence)
- Burke v. State, 576 So.2d 1239 (Miss.1991) (plain-error consideration for unexplained witness absence)
- Old Chief v. United States, 519 U.S. 172 (U.S.1997) (felon status stipulations favored to avoid prejudice and unnecessary detail)
- Williams v. State, 991 So.2d 593 (Miss.2008) (stipulation to felon status preferred when it proves an element; limiting instruction)
- Williams v. State, 819 So.2d 532 (Miss.Ct.App.2001) (recognizes issues around stipulation and evidentiary strategy)
- Parker v. State, 30 So.3d 1222 (Miss.2010) (standard for ineffective-assistance analysis on direct appeal)