Sandlin v. State

18 Citing cases

  1. Davis v. State

    243 So. 3d 222 (Miss. Ct. App. 2017)   Cited 7 times

    " McClendon v. State , 152 So.3d 1189, 1191–92 (¶ 12) (Miss. Ct. App. 2014) (quoting Aguilar v. State , 847 So.2d 871, 878 (¶ 17) (Miss. Ct. App. 2002) ). Because an appellate court "is limited to the trial record on direct appeal, issues of ineffective assistance of counsel are more appropriate in a motion for post-conviction relief." Sandlin v. State , 156 So.3d 813, 819 (¶ 20) (Miss. 2013). We may address ineffective assistance claims on direct appeal only if "the issues are based on facts fully apparent from the record," id. , or the "parties stipulate that the record is adequate," and we conclude that there is no need for the trial judge to make additional findings.

  2. Shinn v. State

    174 So. 3d 961 (Miss. Ct. App. 2015)   Cited 31 times

    ¶ 11. “It is unusual for this Court to consider a claim of ineffective assistance of counsel when the claim is made on direct appeal ... because ... there is usually insufficient evidence within the record to evaluate the claim.” McClendon v. State, 152 So.3d 1189, 1191–92 (¶ 12) (Miss.Ct.App.2014) (quoting Aguilar v. State, 847 So.2d 871, 878 (¶ 17) (Miss.Ct.App.2002) ). Because an appellate court “is limited to the trial record on direct appeal, issues of ineffective assistance of counsel are more appropriate in a motion for post-conviction relief.” Sandlin v. State, 156 So.3d 813, 819 (¶ 20) (Miss.2013). We may address such claims on direct appeal only if (a) “the issues are based on facts fully apparent from the record,” id., or (b) the “parties stipulate that the record is adequate,” and we “determine[ ] that [additional] findings of fact by a trial judge ... are not needed,” Read v. State, 430 So.2d 832, 841 (Miss.1983).

  3. Ellzey v. State

    No. 2022-KA-00797-COA (Miss. Ct. App. Nov. 19, 2024)

    If the record on direct appeal is insufficient to address the defendant's ineffective assistance claims, we will "dismiss the claims without prejudice, preserving the defendant's right to raise the claims later in a properly filed motion for post-conviction relief." Sandlin v. State, 156 So.3d 813, 819 (¶20) (Miss. 2013).

  4. Gregg v. State

    No. 2022-KA-00485-COA (Miss. Ct. App. Sep. 26, 2023)   Cited 4 times

    If the record on direct appeal is insufficient to address a defendant's ineffective assistance claims, we will "dismiss the claims without prejudice, preserving the defendant's right to raise the claims later in a properly filed motion for post-conviction relief." Sandlin v. State, 156 So.3d 813, 819 (¶20) (Miss. 2013).

  5. Rogers v. State

    318 So. 3d 1192 (Miss. Ct. App. 2021)   Cited 1 times

    On direct appeal, an appellate court's review "is limited to the trial record." Sandlin v. State , 156 So. 3d 813, 819 (¶20) (Miss. 2013). "Facts outside the scope of the record before us cannot be considered by us here."

  6. Sandlin v. State

    312 So. 3d 1191 (Miss. Ct. App. 2020)   Cited 6 times

    She was convicted by a jury in Lee County Circuit Court on December 1, 2011 and subsequently sentenced to life in prison. On February 8, 2012, Lisa appealed her conviction which was affirmed by the Mississippi Supreme Court on October 10, 2013, in Sandlin v. State , 156 So. 3d 813 (Miss. 2013). On June 5, 2015, Lisa filed an application for leave to proceed in the trial court on a post-conviction relief (PCR) motion with the Mississippi Supreme Court, alleging seven issues.

  7. Bryant v. State

    232 So. 3d 174 (Miss. Ct. App. 2017)   Cited 6 times

    The supreme court has clearly stated, "Failure to raise an objection to a prosecutor's statements made at trial procedurally bars the statements from appellate review." Sandlin v. State , 156 So.3d 813, 820 (¶ 27) (Miss. 2013). "If no contemporaneous objection is made, the error, if any, is waived."

  8. Pelletier v. State

    207 So. 3d 1263 (Miss. Ct. App. 2016)   Cited 4 times
    Affirming by an evenly divided Court

    This Court "may address such claims on direct appeal only if (a) ‘the issues are based on facts fully apparent from the record,’ or (b) the ‘parties stipulate that the record is adequate,’ and we ‘determine that additional findings of fact by a trial judge are not needed.’ " Shinn v. State, 174 So.3d 961, 965 (¶ 11) (Miss.Ct.App.2015) (quoting Sandlin v. State, 156 So.3d 813, 819 (¶ 20) (Miss.2013) ; Read v. State, 430 So.2d 832, 841 (Miss.1983) ) (alterations omitted).

  9. Johnson v. State

    191 So. 3d 732 (Miss. Ct. App. 2015)   Cited 15 times
    Holding that a claim that "trial counsel failed to investigate and present available evidence" could not be decided on direct appeal

    ¶ 13. “It is unusual for this Court to consider a claim of ineffective assistance of counsel when the claim is made on direct appeal” “because ... there is usually insufficient evidence within the record to evaluate the claim.” McClendon v. State, 152 So.3d 1189, 1191–92 (¶ 17) (Miss.Ct.App.2014) (quoting Aguilar v. State, 847 So.2d 871, 878 (¶ 17) (Miss.Ct.App.2002) ). Because an appellate court “is limited to the trial record on direct appeal, issues of ineffective assistance of counsel are more appropriate in a motion for post-conviction relief.” Sandlin v. State, 156 So.3d 813, 819 (¶ 20) (Miss.2013). We may address such claims on direct appeal only “if the issues are based on facts fully apparent from the record.”

  10. Jackson v. State

    No. 2022-KA-00009-COA (Miss. Ct. App. Oct. 10, 2023)

    But this Court must decide the issues of Jackson's trial based on the evidence that was introduced at Jackson's trial alone. See Rogers v. State, 318 So.3d 1192, 1196 (¶15) (Miss. Ct. App. 2021) (stating that an appellate court's review on direct appeal "is limited to the trial record" and that "[f]acts outside the scope of the record before us cannot be considered by us here" (quoting Sandlin v. State, 156 So.3d 813, 819 (¶20) (Miss. 2013); Phillips v. State, 421 So.2d 476, 483 (Miss. 1982))). We are bound by our oath and the very structure of the appellate court system to set aside what we may know from Gray's trial and only consider the issues in this case from the record on appeal created during Jackson's trial.