Ellis v. State
| Docket Number: | 2005-KP-01426-COA Linked Case(s): 2005-KP-01426-COA ; 2005-KP-01426-COA ; 2005-CT-01426-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-27-2007 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Aggravated assault - Conspiracy - Jury instructions - Lesser-included offense instruction - Self-defense instruction - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-20-2005 Appealed from: Holmes County Circuit Court Judge: Jannie M. Lewis Disposition: CONVICTION OF AGGRAVATED ASSAULT AND SENTENCE OF TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH THE LAST FIVE YEARS TO BE SERVED ON POSTRELEASE SUPERVISION. District Attorney: JAMES H. POWELL, III Case Number: 11-419 |
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| Party Name: | Attorney Name: | |||
| Appellant: | ROBERT EARL ELLIS |
ROBERT EARL ELLIS (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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: | Aggravated assault - Conspiracy - Jury instructions - Lesser-included offense instruction - Self-defense instruction - Ineffective assistance of counsel |
| Summary of the Facts: | Robert Ellis was convicted of aggravated assault and sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Conspiracy Ellis argues that his prosecution and conviction were the product of a conspiracy to try and convict him. However, all of the evidence introduced at trial supports both the validity of the charge against Ellis and his conviction. Issue 2: Jury instructions Ellis argues that the court erred in refusing to provide the jury with his proposed “single juror” instruction, “presumption of innocence and State’s burden of proof “ instruction, “elements of the offense” instruction, and “accident” instruction. With regard to the first three instructions, the content of the instructions were covered in other instructions. Therefor, the court did not err in denying them as redundant. The fourth instruction was properly denied as lacking an evidentiary foundation. Issue 3: Lesser-included offense instruction Ellis argues that the court erred in failing to instruct the jury on three lesser-included offenses. However, the record reveals that no such instruction was submitted for consideration by the court. Issue 4: Self-defense instruction Ellis argues that the circuit court erred in failing to provide the jury with a self-defense instruction. However, the judge provided the jury with three separate instructions pertaining to self-defense. Issue 5: Ineffective assistance of counsel Ellis argues ineffective assistance of counsel on the basis that his appointed counsel refused to allow either him or his stepson to testify as witnesses at trial. Decisions of counsel to call or not to call certain witnesses fall within the ambit of trial strategy and are presumed reasonable. In addition, the circuit judge clearly advised Ellis of his right to testify and Ellis understood that the decision to testify or not to testify was ultimately his. |
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