Timothy Scott Beasley v. State of Mississippi
251 So. 3d 746
| Miss. Ct. App. | 2017Background
- On May 9, 2015, Timothy Beasley entered Lori Ehlers’s home (through an unlocked window) despite an active protection order forbidding contact; he was armed (pipe wrench, knife) and confronted Lori and her parents.
- Surveillance video and witness testimony showed Beasley emerging armed, threatening ("now I can get all three of you"), a struggle with Vernon Ehlers, and Beasley later breaking the front door with a hammer.
- Vernon sustained head injuries requiring medical attention; police arrested Beasley the next day.
- Beasley was tried and convicted by a jury of burglary of a dwelling, aggravated stalking, and aggravated assault; sentences were imposed concurrently under habitual-offender status.
- Beasley moved for a new trial/JNOV arguing verdicts were against the overwhelming weight and insufficient; he also filed a pro se ineffective-assistance-of-counsel claim on appeal.
- The circuit court denied post-trial relief; the Court of Appeals affirmed, holding the evidence supported convictions and declining to resolve ineffective-assistance merits on direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight/sufficiency of evidence for burglary | Beasley: relationship with Lori, ongoing contact, and property rights negate unlawful entry/intent | State: Beasley admitted entering through window, knew protection order remained, had no permission or key | Convictions for burglary upheld; evidence sufficient and not against overwhelming weight |
| Weight/sufficiency for aggravated stalking | Beasley: ongoing relationship/communications undermine course-of-conduct/fear element | State: threatening texts/voicemail, break-in with weapons, prior stalking conviction satisfy course-of-conduct and aggravated elements | Conviction for aggravated stalking upheld |
| Weight/sufficiency for aggravated assault | Beasley: Vernon struck first; injuries not severe | State: Beasley armed with wrench/knife, struck Vernon with wrench; means likely to produce serious harm suffice even if serious injury not proven | Conviction for aggravated assault upheld; attempt/means likely to cause serious injury sufficient |
| Ineffective assistance of counsel on direct appeal | Beasley (pro se): counsel unprepared, inaccessible, focused on plea, failed discovery | State: claim improper for direct appeal and lacks merit; record not adequate | Court declines to address merits on direct appeal; no record-based showing of constitutional ineffectiveness; preserved for post-conviction relief |
Key Cases Cited
- Bush v. State, 895 So. 2d 836 (Miss. 2005) (standards for review of weight and sufficiency of evidence)
- Cavitt v. State, 159 So. 3d 1199 (Miss. Ct. App. 2015) (elements of burglary)
- Stringer v. State, 862 So. 2d 566 (Miss. Ct. App. 2004) (aggravated-assault includes attempt)
- Riggs v. State, 967 So. 2d 650 (Miss. Ct. App. 2007) (proof need not show actual serious bodily injury if means likely to produce serious harm)
- Johnson v. State, 196 So. 3d 973 (Miss. Ct. App. 2015) (ineffective-assistance claims generally inappropriate for direct appeal absent an adequate record)
- Wilcher v. State, 863 So. 2d 719 (Miss. 2003) (Strickland standard applied in Mississippi)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (benchmark two-prong test for ineffective assistance of counsel)