Enlow v. State
| Docket Number: | 2003-KA-00623-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-27-2004 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Simple assault on police officer - Ineffective assistance of counsel - Sufficiency of evidence - Polling the jury Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Lee, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-25-2003 Appealed from: Monroe County Circuit Court Judge: Sharion R. Aycock Disposition: DEFENDANT FOUND GUILTY OF SIMPLE ASSAULT ON POLICE OFFICER AND SENTENCED TO SERVE A TERM OF FIVE YEARS IN THE CUSTODY OF THE MDOC District Attorney: John Richard Young Case Number: CR01-150 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jeffrey Leon Enlow |
FRANK A. RUSSELL |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Simple assault on police officer - Ineffective assistance of counsel - Sufficiency of evidence - Polling the jury |
| Summary of the Facts: | Jeffrey Enlow was convicted of simple assault on a police officer and sentenced to five years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Enlow makes eight claims of ineffective assistance of counsel. However, he wholly fails to demonstrate how these claims, with the exception of numbers three and five, prejudiced his case to the point where the outcome would have been different. Therefore, only numbers three and five will be considered. Enlow first argues that the lesser-included offense instruction of resisting arrest should have been included in the instructions to the jury. The evidence demonstrates that the lesser-included offense instruction of resisting arrest was not warranted in this case as there was no evidentiary basis to support that instruction, and counsel for Enlow was not ineffective in his failure to ask for the instruction. Enlow also argues that the court erred in allowing the State to make prejudicial reference to prior bad acts and that his trial counsel was ineffective for failing to object. Given the strong case against Enlow, the questions asked him by the State regarding his use of or involvement with drugs did not cause him to be denied a fair trial. In addition, the results would not have been different in the absence of the questions. Issue 2: Sufficiency of evidence Enlow argues that the jury's verdict was not supported by sufficient evidence, because there was no medical proof of the officer’s injury. It was not necessary for the State to present medical proof of the injury where the State is only required to prove beyond a reasonable doubt that Enlow attempted to cause or purposely, knowingly or recklessly caused bodily injury to the officer. In addition, there was much evidence to support the jury's verdict. Issue 3: Polling the jury Enlow argues that the court failed to adequately poll the jury. Enlow requested a poll of the jury, and the court readily granted his request. The court inquired of Enlow whether he was satisfied with the polling of the jury, and he answered in the affirmative. Thus, there is no merit to his issue. |
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