Phinisee v. State
| Docket Number: | 2001-KA-01840-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-06-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Burglary of dwelling house - Ineffective assistance of counsel - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 10-30-2001 Appealed from: Washington County Circuit Court Judge: Margaret Carey-McCray Disposition: BURGLARY OF A DWELLING HOUSE AS A HABITUAL OFFENDER: SENTENCED TO SERVE A TERM OF TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH THE LAST FIVE YEARS ON POST-RELEASE SUPERVISION UNDER THE MISSISSIPPI DEPARTMENT OF CORRECTION’S PROBATION AND PAROLE OFFICE. District Attorney: Frank Carlton Case Number: CR2001-155 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Patrick Phinisee a/k/a "Pat" |
WILLIAM HEATH FRANKLIN |
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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: | Burglary of dwelling house - Ineffective assistance of counsel - Sufficiency of evidence |
| Summary of the Facts: | Patrick Phinisee was convicted of the burglary of a dwelling house. He was sentenced as a habitual offender to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Phinisee argues counsel provided ineffective assistance in preparing for trial, during jury selection, and at trial. With regard to alleged errors in preparation for trial, Phinisee has failed to offer any supporting evidence in the record. With regard to alleged jury selection errors, there is no indication that Phinisee was prohibited from participating in the selection process. In addition, Phinisee’s attorney explicitly questioned suspected jurors regarding their ability to render an impartial verdict. With regard to counsel’s performance at trial, the record indicates counsel was effective in revealing discrepancies in the officers’ testimony regarding Phinisee’s movement, the color of his jacket, and the absence of the skull cap and rendered effective assistance throughout the trial. Issue 2: Sufficiency of evidence Phinisee argues that the evidence was insufficient. An officer testified that he observed Phinisee leave the house through the rear patio door and jump into the adjacent yard. An investigator testified that the rear patio door had been forced open with some sort of tool. The owner of the house testified that she gave no one permission to be inside her house on the day in question. Given this evidence, reasonable men could have found Phinisee guilty. |
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